Being injured in an accident can lead to extensive medical care and expensive medical bills. If you were hurt in a car accident, you could also be left with expensive vehicle repair costs, and you could be too injured to work. If you were injured out of state, you could face additional challenges filing your case and getting the compensation you deserve.
If you were injured in a car accident in Illinois but live in another state, you may need to file a lawsuit to recover damages. Typically, lawsuits for injuries that occur in Illinois must be filed in Illinois. As such, you will also want to work with an Illinois car accident lawyer who is licensed in that state rather than a lawyer from back home.
For help with your case, call the car accident lawyers at Wruck Paupore today. For a free case review, contact us at (219) 322-1166.
If you were injured in a car accident in Illinois, you will usually have to handle your case in Illinois. This means filing a lawsuit here rather than back home in your home state. Generally, you should do this with the help of an Illinois car accident lawyer.
Car accidents and other personal injury claims based on “negligence” are typically filed in the jurisdiction where the accident happened. Although there are some rules that let you file your case in a federal court, potentially in another state, other rules would typically set Illinois as the best place to file an Illinois car accident claim. More specifically, your case will typically be filed in the court for the county where the crash occurred – but your lawyer can help you with the specifics of what courthouse to file in.
Additionally, your accident will be governed by Illinois law. Laws vary from state to state, but traffic laws are typically pretty similar. Nonetheless, there may be specific Illinois traffic laws that are different than the traffic laws in your home state, and it is important to understand that the courts in Illinois will use Illinois law.
As such, it is important to file your case with the help of an attorney who is licensed to practice in Illinois. To be a member of the Illinois bar, you must know Illinois law. While you may be able to have a lawyer from another state work with a local attorney to appear “pro hac vice” to help with your case under Illinois Supreme Court Rule 707, you can also cut out the middle man and work with experienced Illinois counsel instead. Our Chicago car accident lawyers routinely represent car accident victims in Illinois who live in other states.
If you are going to be filing a lawsuit for a car accident in Illinois, there are a few Illinois laws that are important to understand that might affect your case. Depending on what state you are from, these laws might be the same or different back home. In any case, our Illinois car accident attorneys can examine the facts of your case and apply the laws specific to Illinois to help you understand what damages you are entitled to and how strong your case is.
Illinois is an “at-fault” or “tort” state when it comes to car insurance. This means that drivers carry auto insurance that will pay damages to the victim when they cause a crash. Victims can typically file a lawsuit alongside an insurance claim without needing additional proof of damages or seriousness before being permitted to file a lawsuit.
Some drivers may be from states with “no-fault” rules. In those states, your own insurance usually pays for injuries and lost wages without your needing to prove fault. Those rules also might limit when you can file a lawsuit, using either a dollar amount (“monetary threshold”) or a definition of “severe” injuries (“verbal threshold”) to limit when lawsuits can be filed. Illinois does not use these restrictions, so talk to a Milwaukee car accident lawyer about filing a lawsuit for damages after your crash.
Many states use “comparative fault rules” that allow an insurance company or court to assign partial blame to each driver involved in a crash. Under some of these rules, victims can also be blamed for damages to a certain degree, yet they can still recover compensation from the other drivers for their fair share of the damages.
In Illinois, we use a comparative fault rule that does indeed allow each driver to be held partially accountable. This rule also allows victims to be held partially at fault, reducing their overall compensation by the same percentage of fault. Under 735 ILCS 5/2-1116, victims can still recover as long as their share of the fault is not over 50%.
Every state has a rule called a “statute of limitations” that bars lawsuits from being filed after a certain number of years have passed from the time of injury. Under 735 ILCS 5/13-202, plaintiffs generally have 2 years from the date of the accident to file their claims. However, if you were injured in a car crash, you should take steps much sooner than 2 years after the crash:
If you were injured in a car accident in Illinois, call our Indiana car accident attorneys today. For a free case review, contact Wruck Paupore at (219) 322-1166.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.