Experienced ILLINOIS Car Accident Lawyers

Car Accident Attorneys In Chicago, Illinois

Car accident survivors who are seeking to protect their legal rights can rely on the experienced attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for guidance and representation. For decades, we have helped injured individuals seek compensation following motor vehicle collisions caused by the carelessness of other drivers. If you or a loved one was hurt in a crash, you may be entitled to monetary compensation for your harm. Our car accident lawyers understand the traumatic and long-lasting consequences of these collisions, and we can fight for your rights to the fullest extent of the law.

Discuss your car crash with an experienced attorney at no-cost. We can be reached by phone at 312-724-5846 or online for a free consultation.

Table of Contents

Types of Injuries From Car Accidents

Injuries from car accidents vary depending on the severity of the crash and the particular nature of any individual affected by the crash. Generally, there are two types of injuries caused by car crashes: impact injuries and penetrating injuries. Impact injuries occur when a body party hits the interior of the vehicle, such as a knee hitting the dashboard upon impact. Penetrating injuries are external, such as puncture wounds, impaled objects, deep lacerations and more.

Head injuries are among the most serious car accident injuries because they may result in lasting cognitive issues. Severe collision impacts may lead to closed head injuries that require long-lasting or even permanent medical care. Additionally, people who suffer a traumatic brain injury may not be aware immediately of the severity of their injury.

Seatbelt Injuries

Seatbelts save accident victims’ lives. The restraint imposed by a seatbelt can reduce the risk of fatal injuries caused during a high-speed crash. It can prevent the restrained person from being ejected from the car or reduce the injuries from blunt force trauma. However, wearing a seatbelt does not guarantee that an accident victim will walk away unscathed from a crash. Sometimes injuries arise as a result of the seatbelt. Here are some types of inuries you can sustain from a seatbelt:

Seatbelt contusion: this is deep bruising along the path of the belt; usually across the torso and waistline.
Rib fractures/broken sternum: your chest bones can break from the seatbelt force during a high-impact car accident.
Bowel injury: the intestines are susceptible to tearing or blood loss from a seatbelt
Vascular injury: you may suffer hemorrhage from the high-force restraint

If you suffer seatbelt injuries in a car accident, you should contact the car accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We will fight for the compensation you deserve.

Liability for Seatbelt Injuries

If your body has been restrained by a seatbelt and experiences a jolt of force, there is the potential for bodily harm. The seatbelt keeps you from being thrown out of the car, which is crucial, and it can also reduce some movements that could cause serious injuries. However, the seatbelt can also contribute to injuries such as abdominal injuries, whiplash, bruising, chest injuries, or internal bleeding. If you are pregnant, you can suffer even more serious injuries, particularly if the seat belt is not appropriately worn. For example, if you are pregnant and have your belt strap wrapped around your stomach instead of across your hips, you could suffer a placental abruption. A child can suffer especially serious injuries as a result of an improperly worn belt.

However, in some cases, one’s seatbelt worsens injuries or contributes to them. Depending on the particular facts of your case, you may have a basis to sue the manufacturer of the seatbelt. Seatbelt injuries can be caused by manufacturing or design defects in the seatbelt or in the vehicle. If there are defects, the seatbelt may not operate as it is expected to do and could be a major contributor to the injuries. Issues with a car’s latches could result in the seatbelt detaching or not staying tight during the accident. Or the seatbelt could be defective by failing to remove slack after an accident, thereby exacerbating the injuries. In that case, it may be appropriate to join the manufacturer to your car accident lawsuit and include a product liability claim. Product liability claims may be based on strict liability or negligence. Strict liability attaches even if a manufacturer used reasonable care.

Often, defendants, whether they are drivers or manufacturers, try to blame the plaintiff for the accident. A defendant may argue, for example, that a plaintiff was wearing a seatbelt improperly, and this contributed to the injuries. On the other hand, the defendant may argue that a plaintiff’s failure to wear a seatbelt caused the injuries. In Illinois, if a defendant can show that you were also negligent, your damages will be reduced by an amount equal to your percentage of fault. If you are determined to be more than 50% at fault, you will be barred from recovering damages. This is one reason why it is so crucial to retain an experienced attorney who will carefully examine all of the contributing causes of the car accident and provide strong representation.

Ejected From A Car

Ejection from a vehicle during a crash can cause injuries ranging from broken bones and brain damage to spinal cord injuries. In this type of serious collision, accident victims may be completely ejected from the vehicle or thrown slightly out the side window or windshield. Critical injuries caused by ejection from a vehicle can leave victims paralyzed, unable to return to work and provide for their family and loved ones. Regardless of whether a complete or partial ejection occurs, the dangers involved in a crash increase when the vehicle continues to roll after the crash. Wearing a seatbelt can help reduce these types of injuries by containing accident victims within the vehicle.

People ejected from a vehicle have a legal right, according to Illinois law, to file a claim for compensation.

At-Fault Parties for Injuries Caused by Ejection

Car manufacturers are required to safely design their vehicles and incorporate devices that protect drivers and passengers. However, despite the installation of safety devices, defective or malfunctioning aspects of the vehicle can cause severe harm. For example, a broken door latch or defective seatbelt can lead to the ejection of a motorist or passenger in a crash.

Determining who is at fault for causing a crash that leads to an ejection from a vehicle is the first step in a personal injury claim for damages. When filing a personal injury claim, accident victims seeking compensation must meet their legal burden of proof. It is important to investigate specific factors surrounding the accident, including the number of drivers involved in the collision, the weather, and whether any traffic violations may have occurred. An injury attorney can assess the potential fault for causing the crash and ensure that victims meet their legal burden to show fault for an accident.

Injured Passengers

Mistakes that are made by a driver can result in serious injuries to passengers. Often passengers have nothing to do with the driver’s mistakes, and yet they may be catastrophically injured or killed. If you were injured in a car accident, you may be able to pursue damages from all the parties whose negligence caused your injuries. This means that passengers can try to recover damages for injuries from the driver of the vehicle they were in as well as the drivers of other vehicles involved in the accident.

Those who ride as passengers in cars or on motorcycles are subject to the actions and omissions of the driver to keep them safe. Any mistake a driver makes could expose a passenger to serious injuries if the car collides with another car or an object on the road. Sometimes the driver with whom you’re riding may be a friend or family member, and this can make it awkward to seek damages from them.

Passengers Suing for Negligence

In order to recover damages, as a passenger, you will likely need to prove negligence. This means you will need to prove that the defendant:

owed you a duty,
breached that duty,
caused your injuries, and
you have actual damages as a result. Sometimes the only defendant will be the driver with whom you were riding.

However, in other cases, the negligence of more than one driver contributed to passenger injuries, and it’s necessary to bring all the potentially responsible parties into a lawsuit. Often injured passengers feel uncomfortable about suing the friend or family member who was driving. However awkward you may find this, in most cases, insurers pay accident victims. It is rare for a plaintiff to recover damages from a driver’s personal assets.

When there are catastrophic or serious injuries involved, it may matter what insurance coverage different drivers have. A driver’s insurer has a contractual duty to pay for crash-related injuries to which their insured contributed. Sometimes a brother may need to sue his sister in order to recover damages from the sister’s insurer, for example.

Sometimes a child is injured or killed while riding with a family member or friend. In most cases, however, your car accident lawyer will discuss and negotiate with the family member or friend’s insurance company and attorney. This creates a buffer between the child’s parents and the defendant who is close to them.

Pursuing Compensation for Injuries Resulting from a Car Accident

Following a motor vehicle collision, a victim may pursue a personal injury lawsuit to seek the compensation that they need. Often, these claims proceed under a negligence theory of law. Negligence is a legal term for carelessness, and it may be appropriate when an individual fails to behave with the level of care that an ordinary, reasonable person would use in the same situation. Drivers may breach the duty of reasonable care in a variety of ways, such as texting behind the wheel, speeding through an intersection, running a red light, or driving while intoxicated.

To prove liability, or legal fault, people who are seeking compensation after a car accident must show that the defendant’s negligence directly led to the crash. In other words, the accident likely would not have happened if the defendant had used the appropriate level of care. Victims who prevail in a personal injury claim may recover a broad range of damages, including both economic and non-economic costs. Economic costs include missed wages from work due to injuries, medical expenses, and property damage. Emotional distress as well as pain and suffering are more subjective forms of harm, which are considered examples of non-economic damages. It is important to prove the full extent of your damages, which may include the future costs of medical treatment and care, as well as necessary modifications to a home to accommodate a victim’s disabilities.

If a motor vehicle accident has resulted in a tragic death, certain relatives or the representative of the deceased person may be able to recover expenses for their loved one’s medical costs and burial costs, as well as their own loss of companionship and other damages. This type of claim is known as a wrongful death case.

Frequently Asked Questions After A Car Accident

At our office in Chicago, we regularly handle car accident claims across Illinois, including Cook, Kane, Sangamon, Winnebago and Adams counties. We understand the concerns of most injury victims, and below are clear answers.

What Is Your Injury Case Worth?

The value of a car accident case depends on several factors, including your percentage of fault. Illinois follows a modified comparative negligence rule, meaning you can only recover damages if you are less than 50% at fault. Also, your total compensation is reduced by your percentage of fault.

For severe injuries such as traumatic brain injuries or spinal cord damage, you can receive compensation of around $100,000 to $1 million. Under Illinois law, the compensation is categorized into economic and noneconomic damages.

Economic damages cover:

Medical treatment (past and future)
Lost income and reduced earning capacity
Property damage
Out-of-pocket costs like transportation

On the other hand, noneconomic damages cover:

Pain and suffering
Emotional distress
Permanent disability or disfigurement
Loss of enjoyment of daily activities

Our attorneys can carefully document every loss you endured and effectively advocate for your full compensation.

How Do I Choose The Best Attorney After An Accident?

You should look for an accident attorney with focused experience in personal injury. Moreover, check for proven results, including verdicts and clear communication. Our lawyers possess these qualities and may be the best to handle your case.

Over 60 years of handling complex injury claims in Illinois
AV-rated, reflecting the highest level of professionalism and ethical standards
Local knowledge of courts, insurers and legal procedures
Positive client reviews, which prove our commitment to client-centered service

We also offer a free consultation for all injured clients and go the extra mile to provide accomplished legal representation.

How Long Do You Have To File Your Injury Claim From The Car Accident?

In Illinois, you generally have two years from the date of the accident to file the claim. However, waiting too long can seriously harm your case, because critical evidence can disappear. Our lawyers can help secure the evidence and ensure all filings are completed on time.

Additional Car Accident Information

Receive A Free Consultation About Your Accident

The skilled car accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca help victims aggressively pursue compensation for harm caused by the negligence of others. Contact our office at 312-724-5846 or through our online form to set up a free consultation.

Based in Chicago, we assist injured individuals and their families throughout Illinois, including in Springfield, Aurora, Champaign, Rockford, Quincy, and other communities throughout Cook, Kane, sangamon, Winnebago and Adams Counties.