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Illinois’ At-Fault Laws

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Walner Law®

March 8, 2021

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In the aftermath of an accident, it’s vital for you to recognize your rights and options to pursue compensation. Far too often, the laws can complicate matters and you may be unsure of your ability to move forward or hold someone else responsible for the compensation you deserve.

Before you start the process, you want to know how the state of Illinois handles legal matters after a car accident. Our team is here to help you understand your rights and guide you through the process to ensure you have peace of mind at every step of the way.

Illinois is an At-Fault State

Illinois operates an at-fault basis. When an accident occurs and you suffer damages, you can file legal action against the party responsible for your injuries. If you can show that another driver was the one who caused the crash, you can file a claim to pursue compensation from that person’s insurance provider.

You’ll still work with your own insurance provider, but they are there to help facilitate matters, not pay out the compensation you need. Your compensation comes from the other insurance company either through a settlement offer or trial.

Proving Liability to Help Your Claim

In order to pursue compensation from another driver and his or her insurance company, you must show that the other driver is liable. Proving liability requires four factors:

  • The driver had a duty of care to ensure you and others are safe on the road
  • The driver breached the duty of care with a negligent act
  • The negligent act led to a car accident
  • The car accident caused you to suffer severe injuries

Going through a car accident claim and the potential legal options that follow can be complicated. It’s best to have strong legal counsel on your side that provides you with the high level of advocacy you need and deserve.

At Walner Law®, we’re committed to you and your rights. Trust that our Chicago car accident lawyers know the laws and how to help you move forward. We’ll be your voice against negligence and go the extra mile to help you obtain the compensation you deserve.

Call our firm today at (312) 313-2888.

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