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Car Accident Resources
- What’s My Car Accident Case Worth?
- Crashworthiness
- Using Medical Experts in Car Accident Cases
- Importance of Defensive Driving
- Accident Reconstruction Specialists
- Proving Lost Income and Earning Capacity
- Proving Pain and Suffering
- Settlement Negotiations in Car Accident Cases
What’s My Car Accident Case Worth?
At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our goal is to help individuals injured in a motor vehicle collision protect their legal right to compensation. When another driver or entity negligently causes a crash and resulting injuries, victims are generally entitled to monetary compensation. The compensation available to accident victims is intended to place them in the position in which they would be had the accident not occurred. Our Chicago car accident lawyers recognize the physical and emotional devastation that accompanies a collision, and we can set forth a clear assessment that helps you understand the value of your car accident case. As we advocate for victims’ rights, we provide personal, dedicated legal representation.
Understand How to Assess the Value of Your Car Accident Claim
Factors that affect the value of a legal claim following a motor vehicle collision include the seriousness of the impact, the physical state of the victim prior to the accident, the extent of the injuries, and the degree of medical care and future costs associated with the collision. While these factors are by no means comprehensive, they indicate the importance of building a strong case by quantifying all of the costs. The true value of a car accident case also requires looking at similar verdicts, with facts that are similar to those of the case at hand.
Significant aspects of a car accident that shape the value of a legal claim for damages include the type of harm suffered in the crash and whether the victim was partly at fault for causing the collision. Often, insurance companies utilize formulas that assess the value of a claim for damages. A victim asserting a claim for damages must prove the fault of the defendant driver in causing the accident. They carry the burden of proof, which requires a strong showing of evidence, typically supporting a claim of negligence.
A car accident victim asserting negligence would show a failure to act as a reasonable person under similar circumstances. Conduct that may be deemed negligent includes failing to yield, speeding, and driving distractedly, among other careless driving behaviors. When a victim asserts the negligence of the defendant driver, they carry the burden of establishing the elements of a negligence claim, which include duty, breach, causation, and damages.
The purpose of damages in a personal injury claim is to compensate individuals who have suffered harm. While victims may not truly be made “whole” again, monetary damages are intended to cover medical costs, property damage, and emotional harm suffered in an accident. Medical expenses, which include surgery costs and prescription costs, are typically awarded to accident victims. Additionally, future care may be recovered, as estimated by a medical professional familiar with the victim’s injuries.
In addition to medical care, the effect of injuries upon the victim’s ability to earn wages is considered when valuing a claim for damages. Many injuries suffered in a highway accident or another high-speed crash can lead to a severe loss of future earning potential for the victim. These types of costs may be recovered in a claim for damages. In the case of future lost earnings, the issue is whether the accident directly led to injuries that undermined their ability to earn. Often, medical professionals can help strengthen a claim for future lost earnings.
Crashworthiness
A legal claim involving “crashworthiness” includes allegations that a vehicle was not fit to withstand a collision and maintain the safety of vehicle occupants. When victims suffer injuries worse than what they would have endured in the initial collision alone, they may have a strong claim for a lack of crashworthiness. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our Chicago car accident lawyers hold vehicle manufacturers and sellers accountable for contributing to victims’ injuries through a lack of crashworthiness. By evaluating and setting forth strong evidence in support of a crashworthiness claim, we have successfully secured monetary damages for victims throughout Illinois. The complexity of a crashworthiness case often requires expert opinions, and our AV-rated firm maintains relationships with accident reconstruction specialists, medical professionals, and other experts who can help strengthen a claim for compensation.
Crashworthiness Allegations in a Personal Injury Lawsuit
Crashworthiness claims involve allegations that a vehicle was not designed to properly withstand a crash. In other words, the vehicle played a role in the injuries suffered by the driver and passengers. While there may be many causes for an initial crash, such as speeding, distracted driving, or other negligent conduct, crashworthiness injuries are sometimes termed “secondary collisions.” This term refers to the fact that crashworthiness claims often involve the secondary collision that occurs when a driver or passenger collides with the inside of the vehicle.
A vehicle manufacturer is responsible for designing a car that includes properly functioning safety features. If a vehicle lacks sufficient mechanisms designed to keep passengers and drivers safe, they may be liable for the resulting harm. When a lack of crashworthiness leads to injuries, and victims suffer harm beyond what they would have suffered in the accident without the design defect, they can assert a product liability claim against the manufacturer.
Vehicle manufacturers must ensure that their products are safe and will protect occupants from foreseeable harm. Whether the vehicle structure has failed, or a component is defective, it is important to assess the role of the vehicle in increasing or causing the occupant’s injuries. Vehicle safety mechanisms that may be assessed in a crashworthiness claim can include airbags, seat belts, and brake systems, as well as a range of other vehicle components.
Crashworthiness research is conducted by the National Highway Traffic Safety Administration (NHTSA). The NHTSA recalls defective vehicle parts that have injured consumers, and it sets forth safety ratings that provide information on the safety of a specific vehicle. A primary goal of the NHTSA is enhancing occupant safety, and for this reason, it conducts research into safety measures that reduce injuries.
The three common types of defects that may lead to a product liability claim are manufacturing defects, design defects, and failures to warn. One important aspect of a crashworthiness claim is that it does not matter who was at fault for causing the underlying crash; if a vehicle defect increased the severity of the occupants’ injuries, the manufacturer may be liable.
When asserting a crashworthiness claim, a medical expert and a crash reconstructionist may help to strengthen an allegation that a defect in the vehicle design increased the occupant’s injuries or caused a death that would not have happened otherwise. It is important for victims to understand that the defect need not have caused the accident, but it must have worsened the injuries compared to a situation in which there was not a defect.
Using Medical Experts in Car Accident Cases
After a car crash, you may be dealing with catastrophic injuries. These injuries may not be fully apparent right after the accident. In some cases, by the time of trial, which can be more than a year after an accident, the injuries may still not be fully resolved. Catastrophic injuries can affect you far into the future, and it may be necessary to retain experts to provide testimony about the extent of the harm. If you want to know more about using medical experts in car accident cases, you should talk to the Chicago car accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.
The Use of Medical Experts in Car Accident Cases
Both percipient and designated expert witnesses can make or break a car accident case. Percipient witnesses are people who saw the accident happen or treated the accident victim. Designated experts are people who testify with information and analysis based on their credentials, experience, and expertise. Expert witnesses are usually necessary to explain technical matters that the ordinary layperson may not be able to understand.
If you want to recover damages for complicated injuries suffered in a car accident, you may need to use medical experts. For example, it may be necessary for your doctor to testify as a percipient medical expert on the injuries as she observed them when you first came in to see her. For another example, it may be necessary to retain an expert to provide testimony on a future disability.
In Illinois, expert testimony is admissible if (1) an expert is qualified by education, training, experience, skill, or knowledge, and (2) the testimony will help the trier of fact in understanding the evidence. The lower court has discretion about whether to allow expert testimony, and the decision that the lower court makes will not be overturned except when there is an abuse of discretion.
An expert does not need to have personally examined you in order to testify, although a personal medical examination can be helpful. An expert can testify based on medical records, reports, or tests performed by other doctors that the expert examined to come to his or her own opinion. A medical expert witness may provide an expert opinion based on facts that are not within his or her personal knowledge, as long as they are of the sort on which experts reasonably rely in his or her medical field. For example, a surgeon may be able to provide an expert opinion about how likely it is that a certain future surgery will be needed to resolve a medical problem that you have that has already been identified by another expert, and whether it is likely that there will be any residual medical problems after the surgery.
However, the court will not permit speculative expert testimony. The medical expert’s opinion must be supported by facts, such as those contained in a medical record or imaging.
Sometimes liability may be clear, but the parties may not agree about the extent or nature of the injuries. Moreover, not all medical experts will agree. Sometimes both sides must call medical experts to testify about the plaintiff’s medical condition, their physical suffering, the cause of the injuries, whether particular treatments or procedures are reasonable, and the extent to which the plaintiff may be disabled afterward.
The jury’s job is to weigh the conflicting testimony of two or more different doctors. An attorney who retains an expert must make sure that the expert is extremely credible and experienced and can explain technical medical matters to a jury.
Defensive Driving
Drivers often make mistakes. The importance of defensive driving cannot be overstated. Defensive driving occurs when drivers consciously reduce the danger associated with driving by staying aware of what is happening, rather than getting distracted, and responding appropriately as issues arise. Generally, defensive driving reduces the likelihood of getting into a crash and can also reduce the costs associated with maintaining and refueling a vehicle. The Chicago car accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca may be able to help you recover damages if you are injured due to another driver’s failure to drive defensively.
Understanding the Importance of Defensive Driving
Drivers should always be looking ahead and giving themselves time to react appropriately to dangerous situations when they arise. A defensive driver does not assume that another driver will make a good decision that allows for the avoidance of a collision. Instead, a defensive driver accepts that it is possible that another driver will act erratically or fail to drive safely.
Defensive driving can include leaving sufficient room when following another car. It can include yielding to another driver when it is not clear who has the right of way or when it is not clear that the other driver is going to yield appropriately. Defensive driving includes minimizing lane changes and turning on the turn signal early enough to give the driver behind you time to react. Generally, defensive drivers do not drive while emotional or fatigued. They also eliminate distractions, such as their cell phone or snack foods. They pay attention to the weather and make sure that they have enough time to get to where they are going.
If you are injured by an aggressive or non-defensive driver, you may be able to recover damages. In most cases, your lawyer will need to establish negligence by showing that the other driver failed to drive safely and caused your accident as a result. A driver who does not leave enough room between himself and another car, or who pushes forward even though another driver has the right of way, is likely to be found negligent.
Sometimes multiple drivers fail to drive defensively. Two drivers behaving aggressively are likely to get into an accident. The other driver or their insurer may claim that you were aggressive, whether or not you were. The insurance adjuster’s goal is often to save money rather than pay according to the terms of the policy. As a result, they may look for errors that you made in hopes of building a strong defense based on comparative negligence. Under a theory of comparative negligence, your damages will be reduced by an amount equivalent to your degree of fault. For example, if the damages are $100,000, but you are found 40% at fault for weaving through traffic, and the other driver is 60% at fault for speeding up to cut you off, you would be able to recover $60,000 from the other driver. On the other hand, if you are found to be more than 50% responsible for the injuries, you would be barred from recovering any damages.
After getting into an accident in which another driver failed to drive defensively, or both of you failed to drive defensively, you should seek medical care. When the jury looks at how much money would reasonably and fairly compensate you, it is supposed to consider that an injured person must use ordinary care to get medical treatment for injuries. If your damages are worse because you failed to get medical care, you will not be able to recover the damages legally caused by your delay or failure to seek medical care.
Explore Your Options with a Chicago Attorney Following a Serious Car Accident
If you are concerned about using medical experts in a car accident case, you should consult an aggressive personal injury lawyer. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent accident victims in settlement negotiations and litigation in Aurora, Quincy, Champaign, Rockford, Champaign, and Springfield, as well as other areas of Adams, Cook, Sangamon, Kane, Champaign, and Winnebago Counties. You can call us at 312-724-5846for a free consultation.