Car Accident Lawyers Frequently Asked Questions

Whenever you have been involved in a car accident, it makes sense to consult with a personal injury lawyer to explore every legal option available to you. You may not realize it at first, but dealing with injuries can be costly, both in the amount of medical bills you incur and the amount of lost wages from the time you are out of work. Additionally, there may be liable parties that are not immediately obvious. By consulting with an expert, you risk nothing. You can also make decisions from a position of strength and confidence rather than one of uncertainty. The attorneys at Salvi, Schostok & Pritchard P.C., have more than 25 years of experience and offer a free case evaluation.

If you have been injured, and another party is found to be responsible for your injuries, you are entitled to be financially compensated for all costs associated with the accident. This value will be different for every case, but generally includes medical expenses, lost wages, loss of enjoyment of life, pain, suffering and property damage. In car accident lawsuits, a settlement may be made if an agreement about the case’s worth can be reached with the insurance company. If not, the case must be presented to the court to determine its value. Considerable compensation may be obtained if your injuries are severe, permanent, require extensive medical treatment or cause lengthy absences from work.

Keep in mind that insurance companies are in business for themselves, collecting as many premiums as possible and paying out as few claims as possible. They rarely help you figure out your legal rights or give you a fair assessment of the value of your case. Insurance companies have an incentive to discourage you from seeking legal advice because doing so keeps their own costs down. With our free case evaluation, you have nothing to lose by contacting the drunk driving accident attorneys at Salvi, Schostok & Pritchard P.C. It is crucial to have legal advice if your insurance company has involved its own attorney, if your insurance company has offered you a settlement, if you do not understand the terms of your insurance policy or if you suspect that your insurance company is acting in bad faith and not treating you fairly.

At Salvi, Schostok & Pritchard P.C., we offer a free evaluation of your case. Of course, the cost for representation can vary greatly according to the complexity of your case, but you risk nothing by allowing us to evaluate your claim. Explore your options with our personal injury attorneys. We will do our best to work with you and your circumstances.

Medical care is usually the most contentious issue in personal injury cases. Disagreements over the nature and length of your medical care will likely determine how long it takes to resolve your case. Although many cases settle, insurance companies sometimes choose to go to trial. At Salvi, Schostok & Pritchard P.C., we believe that a case should settle only when a fair value is offered. If it’s not, we will suggest that you allow us to file suit on your behalf to get fair compensation for your injury. Personal injury lawsuits can vary in length from weeks to years. Although we advise our clients to be patient and have faith that we are working hard for you, you are free to contact us at any time to find out exactly what is happening with your case.

Insurance companies are businesses. They do not work for you. While you should report the car accident immediately, you should be careful about agreeing to any statements, especially if you or your passengers were injured in the accident. This is one of the many reasons why it is so important to consult a lawyer. Once you retain a personal injury attorney, insurance companies must work through your attorney to resolve the matter.

Generally, you will be compensated by the insurance company of the driver who was responsible for the accident. If that driver does not have insurance, your losses will be handled by your insurance company through Uninsured Motorist (UM) coverage. If the at-fault driver does not have enough insurance to cover your losses, your insurance company may be obligated to pay you under the terms of your Underinsured Motorist (UIM) coverage.

The general answer in Illinois is that you have until the end of 2011 to file. However, the answer may be different if your claim involves a state entity or a minor. The period during which you must file a personal injury lawsuit with the court is called a “statute of limitations,” and it varies from claim to claim and from state to state. In Illinois, the general statute of limitations for personal injury lawsuits is two years. Statute of limitations questions can be complicated. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

Yes. Lost wages are legally considered to be part of the costs that you unfairly incurred due to the negligent actions of the other party. If you have been injured, and someone else is responsible, you are entitled to recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.

Yes. It is important to try to keep up with all the costs that the car accident caused you. Upon settlement or successful trial completion, insurers will pay you one lump sum that includes all your damages. Until then, you are responsible for all the bills, and it is your name that will be tarnished if you don’t pay them. Keep good records of everything that you pay for and consult a personal injury attorney to be sure that you recoup all your expenses.

One of the most dangerous situations that the driver of a vehicle can place themselves and others in is texting while driving. Texting creates a serious safety risk since the driver is being distracted and isn’t  paying attention to the road.

Many states today have passed laws against texting while driving. Last year, Illinois enacted a law that prohibits sending or reading text messages and e-mails while driving within the state. The law also bans talking on hand-held cell phones while driving through a school zone or highway construction zone.

Texting while driving typically falls under the heading of “distracted driving,” and there are three ways that distraction can occur:

• Cognitive – taking you mind off driving;
• Manual – taking your hands off the steering wheel;
• Visual – taking your eyes off the road.

Here are some statistics about distracted driving that you should be aware of:

• 20% of all crashes in 2009 were associated with distracted driving;
• Using a cell phone while driving -- whether it is hands-free or hand-held -- impairs the driver’s judgment in a similar fashion to having a BAC of 0.08%;
• Drivers who use hand-held devices while operating their vehicles are four times as likely to be involved in a crash than a driver not using a device.

If your family member or teenager was recently injured in an auto accident resulting from the driver’s negligence and texting while at the wheel, you could be entitled to damages for the injuries. You should consider consulting with Salvi, Schostok, and Pritchard PC. Our experienced personal injury attorneys are well versed in injury cases involving texting while driving.

In the state of Illinois, there is a statute of limitations or legal deadline for filing a personal injury lawsuit following an auto accident. Generally, you have up to two years from the time the accident occurred to file your lawsuit, but there are some exceptions to this. For instance, if the accident involves injuries to a minor, the statute of limitations begins once the minor turn 18 years of age and then continues for the two-year limit.

The statute of limitations is one year for auto accidents involving the state's "dram shop" law. That law addresses the liability of taverns, liquor stores and other commercial establishments whose sale of alcoholic beverages results in an auto accident and personal injury or death.  

If someone was killed in the car wreck, Illinois law provides for a two-year statute of limitations for filing a wrongful death claim.

In most instances, the responsibility for paying for the damages and repairs to your vehicle falls on the shoulders of the at-fault driver’s insurance company.  In instances where injury or death also results due to another Illinois driver’s negligence, you may be entitled to file a civil suit against that individual.

The state of Illinois requires drivers to carry minimum car accident liability policies with limits of $20,000 for bodily injury or death to one person and $40,000 for the same to two or more persons in any one car accident. The minimum liability limit is $15,000 for property damage.

Because Illinois drivers are at risk of being in an accident with a person who hasn't complied with the state's mandatory minimum insurance requirement, auto liability insurers must provide the state's drivers with the same minimum amounts in uninsured motorist coverage. Additionally, all insurers must offer uninsured motorist and underinsured motorist coverage in the same amount that drivers have for their own liability coverage.

The car accident attorneys of Salvi, Schostok, and Pritchard PC are experienced in the areas of personal injury and property damage from an auto accident and can evaluate your situation to determine if you have cause to file a lawsuit for your damages.

The drunk driver who hit you will likely face criminal charges. However, that criminal action does not bar you from filing a lawsuit to recover for your injuries. Anytime you have been injured in an accident involving a drunk driver who was at fault, you should consider hiring the services of a personal injury attorney.

The at-fault driver's insurance should compensate you up to the policy limits. If you are involved in an accident involving an uninsured or underinsured motorist, you may be eligible to file a claim with your own insurance company if you have underinsured (UIM) or uninsured (UM) motorist coverage.

The bottom line is that the state of Illinois can bring criminal prosecution against the drunk driver and enforce numerous penalties.  Additionally, the injured party or the family of a deceased accident victim can file a personal injury claim or wrongful death claim and bring civil action against the individual.  You should consult with an experienced personal injury attorney if these are your circumstances.

The legal firm of Salvi, Schostok, and Pritchard PC has personal injury attorneys who are highly experienced in drunk driving cases. We will carefully review your circumstances in order to determine the extent of your injuries and the amount of damages that you may be entitled to. Please contact us today so that we can sit down with you and determine if you have a case against the drunk driver who caused your accident and injuries.

Despite Illinois laws protecting the rights of pedestrians when they are crossing the street in a legal crosswalk and with the right of way, accidents continue to be caused by careless drivers,

Too many pedestrian injuries are caused by Illinois drivers who fail to keep a proper lookout when approaching a crosswalk, as required by Illinois law, or who turn right on a red light without looking for pedestrians in their path. According to a recent report from the Illinois Department of Transportation, in 2008 there were 135 pedestrian fatalities in Illinois and 5,423 injuries. In the city of Chicago, there were 56 pedestrian fatalities and 3,409 injuries that same year.

Two new efforts are under way to increase pedestrian safety in Chicago. City transportation officials began enforcing crosswalk laws in an effort to make motorists more aware of pedestrian rights and vulnerability. A second project, by National Highway Traffic Safety Administration (NHTSA), is studying nighttime pedestrian crashes and ways to reduce these crashes.

If you have been seriously injured in a pedestrian crosswalk by a negligent driver, you may be able to recover for your injuries though a personal injury lawsuit.  With our free case evaluation, you have nothing to lose by contacting the pedestrian accident attorneys at Salvi, Schostok & Pritchard P.C.

Whether you were wearing a helmet has no impact on the negligence displayed by the motorist, and you may still file a lawsuit against the driver of the vehicle that hit you. Bicycle riders have the same rights and responsibilities as other Illinois road users, and the same legal principles used in other personal injury lawsuits apply in a bike-car collision. To prevail in the lawsuit, you must still show the driver was at fault and drove negligently, and you must prove the extent of your damages.

Bicycle accidents are common in Illinois and Chicago. In 2008, there were 27 bicyclist fatalities and 3,342 injuries across the state, according to the Illinois Department of Transportation. That same year, there were six bicyclist fatalities in Chicago and1,558 injuries.

If you have been seriously injured by a negligent driver while riding your bicycle, or if a loved one or member of your family is killed or seriously injured, you should hire the services of an experienced personal injury attorney.  The bike accident lawyers of Salvi, Schostok & Pritchard, P.C., have experience with bike injury cases, including a $1.7 million personal injury settlement on behalf of a Lake Forest woman who was injured while cycling. Please call us today at <span>877.788.2045</span> or contact us online for a free, no-obligation consultation about your Chicago bicycle accident.

Since you may not be getting compensated equitably for your injuries and your expenses associated with the accident, you should not sign a release form or accept the settlement without talking to an experienced Chicago car accident attorney, especially if you feel that it is not fair.

Damages typically awarded in a personal injury lawsuit include:

• Current and future medical expenses;
• Lost wages and projected future earnings;
• Household services associated with the injured person’s recovery.

Damages can also be awarded for mental and physical pain including:

• Loss of consortium;
• Loss of enjoyment of life;
• Mental anguish;
• Pain and suffering;
• Permanent disability.

The personal injury and car accident attorneys at Salvi, Schostok, and Pritchard PC can sit down with you and review your circumstances in order to determine if you are entitled to a better settlement for the damages incurred.  We will be happy to evaluate your situation and, if we are hired to assist you, we will work tirelessly to ensure you are fairly compensated for your damages. Please contact us today to schedule an appointment.

The state of Illinois uses comparative fault laws which come into focus in many personal injury cases involving auto accidents. When one Illinois driver is clearly responsible for the other person’s injury, fault is easily determined. However, sometimes the actions of the injured person may result in partial responsibility.

Under Illinois laws on comparative negligence, the accident victim's recovery is reduced by the percentage that victim's conduct or actions contributed to the accident. If the car accident victim is more than 50 percent at fault in the car wreck, he or she is not entitled to recover any damages.

If you are partially at fault for the accident, the first step you should take is securing the services of an experienced personal injury attorney such as the ones at Salvi, Schostok, and Pritchard PC. We have tried numerous personal injury and car accident cases, including a $33.2 million verdict on behalf of a 22-year-old young man, who was injured in a car accident. This verdict was the largest in Lake County’s history.

Salvi, Schostok & Pritchard has obtained more than $585 million on behalf of our clients. Our success in personal injury and wrongful death cases includes 160 multi-million dollar verdicts or settlements. A number of these settlements and verdicts are among the largest of their kind in the state of Illinois. We will be happy to consult with you and recommend a course of legal action .

The uninsured motorist clause in insurance policies protects people injured in car accidents caused by uninsured motorists. Illinois law requires drivers to carry minimum car accident liability policies with limits of $20,000 for bodily injury or death to one person and $40,000 for the same to two or more persons in any one car accident. The minimum liability limit is $15,000 for property damage.  Unfortunately, not everyone obeys the law and carries the required insurance.

Because drivers face the risk of being in an accident with a person who has failed to comply with this law, insurers are required to provide Illinois drivers with the same minimum amounts in uninsured motorist (UM) coverage. Motorists can select coverage with higher limits. This coverage comes into play if the insured is not at fault for an accident and is injured by a hit-and-run driver or an uninsured driver.

The attorneys at Salvi, Schostok, and Pritchard PC are knowledgeable about all aspects of auto insurance law and can answer your questions following an Illinois car accident.

Drunk drivers should always be held accountable for their actions, especially when they cause a car accident that harms or kills another motorist, a bicyclist or a pedestrian. Among 857 fatal Illinois car crashes in 2010, 260 involved alcohol and led to 287 alcohol-related fatalities, according to the Illinois Department of Transportation.

In the state of Illinois the following penalties are common after the first drunk driving conviction:

• Jail of up to 1 year with an additional 6 months tacked on if there is a child 16 years or younger in the vehicle;
• Fines of up to $2,500 plus additional fines if the BAC is 0.16 or higher or if there is a child 16 years or younger in the vehicle;
• 1 year license suspension;
• Ignition interlock device installed (possible);
• Suspension of vehicle registration;
• Community service of up to 100 hours plus an additional 25 days if a child under 16 was in the vehicle.

Additionally, there could be a civil case involved, and the family may be able to file a wrongful death case as well. Wrongful death claims result when a person is found responsible for the death of another due to their actions and negligence.

As a drunk driving accident victim, you have rights. You may be able to file a claim against the negligent driver to recover damages for lost wages, property damage, medical costs, future losses, and pain and suffering. To discuss your options for seeking recovery, contact Salvi, Schostok & Pritchard, P.C., today to speak with a knowledgeable Illinois drunk driver accident lawyer.