How do I know if I have an auto accident lawsuit?
It is crucial to meet with an attorney as soon as possible after you are injured in a crash. The attorney can conduct a thorough review of your case and determine whether it would be in your best interest to pursue an auto accident lawsuit.
When a lawyer reviews your case, the lawyer will focus on three basic factors: Fault, damages and insurance.
First, the lawyer will examine whether another party was at fault for the crash. Fault means that another driver caused the crash. Examples are:
- A motorist who engaged in careless or reckless driving such as speeding
- A mechanic who failed to perform an adequate repair
- A manufacturer who sold a defective vehicle or vehicle part
- A government agency who allowed a hazardous road condition to exist.
The lawyer will also look at whether you were partially at fault for the crash. Under Illinois law, you would be barred from a recovery if you were more than 50 percent at fault.
Second, the lawyer will determine the amount of damages involved in your case, including:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering.
If the amount is minimal, an attorney may advise against pursuing a lawsuit.
Third, the lawyer will review insurance coverage available in your case, including the at-fault party’s liability coverage and, perhaps, your own coverage. For example, you may need to turn to your own uninsured / underinsured motorist (UM / UIM) coverage to pay for your damages.
If, after considering all of these factors, a lawyer advises you to go forward with an auto accident lawsuit, the lawyer will work aggressively to obtain full and fair compensation for you.
