If a motorist is distracted, they can cause an accident that leaves you with property damage and injuries. Following such an incident, meet with a distracted driving lawyer in Joliet. When you do, you can get information about what to do to pursue compensation for your accident losses from the distracted driver or their insurance company.
Postman Law has obtained more than $3 billion for our clients. Our car accident lawyer in Joliet wants you to focus on your recovery from your auto crash involving a distracted motorist. As you do, we can build your case for compensatory damages. To get started, request a free case review.
Reasons to Proceed with a Distracted Driving Accident Claim in Joliet, Illinois
Your distracted driving accident attorney in Joliet can help you file an insurance claim. Once this is done, an investigation into your auto accident can get underway. Ultimately, if the other driver was distracted, their insurance company can compensate you for qualifying accident losses.
Trust your personal injury lawyer in Joliet to negotiate an insurance settlement for you. Your lawyer can keep you updated about settlement negotiations and whether an offer is made. They will advise you to accept a settlement proposal only if you feel it is sufficient. Otherwise, if no agreement is reached, your lawyer is prepared to bring your case to trial.
Postman Law can answer questions you have about what distracted driving is and other topics relating to your case. We want you to be compensated for your distracted driving accident losses and can request damages for you through a claim or lawsuit. Contact us today for more information.
For a free legal consultation with a distracted driving accident lawyer serving Joliet, call 844-767-8626
How a Distracted Driving Accident Lawsuit Works
Talk with a Joliet distracted driving accident lawyer if you’re debating whether to sue for compensatory damages. Your attorney can evaluate your case and share FAQs and other legal resources with you. If you decide the time is right to sue, your attorney can file your lawsuit in alignment with Illinois law.
Based on 735 (ILCS) 5/13-202, the statute of limitations for personal injury lawsuits is typically two years, although some exceptions can apply. Your attorney can explain the statute of limitations for your case. After your lawsuit is filed, they can craft an argument designed to prove negligence.
Your lawyer will encourage you to care for your car crash injuries and to track any expenses you incur from your auto accident for the duration of your case.
They can negotiate a settlement with a liable party. At the same time, they can prepare your case as if it will go to trial. If a trial is needed, your lawyer is ready to describe to the court why you deserve damages.
Joliet Distracted Driving Accident Lawyer Near Me 844-767-8626
How Much Compensation You Can Get in a Distracted Driving Crash Case
The types of compensatory damages you can recover after a distracted driving crash are based on your quantifiable and subjective losses. Your car accident attorney wants you to request economic and non-economic damages, such as:
- Car repair costs
- Medical bills
- Lost wages
- Decreased earning capacity
- Loss of enjoyment of life
- Pain and suffering
In terms of how long it can take to get a settlement check, the timeline varies based on whether there’s a dispute over liability and other factors.
Your lawyer will work diligently to recover damages for you as quickly as possible. Meanwhile, they can gather evidence, which can improve your chances of receiving adequate compensation for your accident losses.
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Evidence to Use in a Distracted Driving Collision Case
Unfortunately, it’s usually not enough to say to a judge or jury that the other motorist involved in your car accident was distracted and that they should cover your losses from the incident.
Your lawyer will consider the burden of proof as they develop your argument. They can collect a wide range of proof to support your argument, including:
- Cell phone records
- Social media logs
- Traffic camera or surveillance camera footage of your accident
- Witness statements
- Accident scene photos
- Police reports
- Accident reconstruction reports
Generally, it’s worth hiring an attorney for a car accident, especially when you need to prove negligence in a distracted-driving collision. Your lawyer will search extensively for evidence. If your attorney has relevant proof, they are well-equipped to show a judge or jury that your damages request is valid.
What Negligence Means in a Distracted Driving Accident Case
If your case goes to trial, your lawyer wants to prove that a motorist chose to engage in distracted driving, which represents a violation of their duty of care to you and caused your accident, injuries, and damages.
Your attorney can also describe how this party’s actions were negligent. To illustrate this point, your lawyer can use evidence to show how the party put you in danger by doing something like texting while behind the wheel or other things indicative of distracted driving.
Under 735 ILCS 5/2-1116, you are subject to modified comparative negligence in a personal injury lawsuit. If you sue a distracted driver for injuries you suffer in an auto accident and are 50% or less liable, your damages can be reduced by your percentage of fault. Alternatively, if you’re more than 50% at fault, you are ineligible to recover damages.
When to File a Wrongful Death Distracted Driving Accident Lawsuit
Sadly, a distracted driver can cause a fatal accident. If you lose a family member in a fatal car crash involving a distracted motorist, the loss can devastate you and your loved ones emotionally and financially.
Following this tragedy, a wrongful death attorney can help you and your loved ones request compensation from the liable party. Depending on the circumstances, your lawyer can help you file a wrongful death lawsuit in which you can recover damages for your loved one’s burial and funeral expenses and other losses.
Per the Illinois Wrongful Death Act, those eligible to file a wrongful death lawsuit have two years from the date of a person’s death to sue for damages.
Your wrongful death lawyer can examine your case and determine whether you’re eligible to file a lawsuit against a distracted motorist liable for your loved one’s fatal auto accident.
Get Legal Help with Your Distracted Driving Crash Case
Postman Law has served 1.4 million clients. Our Joliet distracted driving accident attorney can assess your case and help you decide if now is the right time to file a claim or lawsuit. To learn more, schedule a free case review.