Legally Reviewed by:

Jonathan Rosenfeld

February 27, 2024

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

If you’ve been injured in a car accident due to someone else’s negligence, you are entitled to compensation.

Read on to learn about car accident injuries, assigning fault, and possible damages you can collect with the help of our experienced Naperville car accident attorneys.

Types of Cases That Our Naperville Car Accident Attorneys Handle

We represent clients who have suffered in different kinds of motor vehicle accidents, such as:

  • Rear-End Collisions – These are the most common auto accidents in Naperville, accounting for an estimated 35% a year, according to the latest available data. [1]
  • Angle Collisions – Angle collisions, including sideswipes and potentially deadly broadside accidents, make up over 8% of car accidents in Naperville. [1]
  • Hit-and-Run Accidents – Motorists sometimes leave the scene of accidents before exchanging information. Victims of hit-and-run accidents should consult with a Naperville car accident lawyer for help tracking down the perpetrator and collecting damages.
  • Head-On Collisions – While less common, head-on car accidents can cause devastating and often fatal injuries.

The Most Common Causes of Naperville Car Accidents

  • Snow, slush, ice, and other unfavorable road conditions
  • Driving while intoxicated
  • Distracted driving
  • Driving while fatigued
  • Speeding
  • Tailgating
  • Driving through red lights and stop signs
  • Failure to yield
  • Mechanical defects, such as faulty breaks
Naperville car accident causes

What to Do After a Car Accident in Naperville, IL

Here are the essential steps to take following an auto accident to prioritize your safety and make sure you’re fairly compensated when filing a claim:

  • Call 911 and seek medical care – A 911 dispatcher will send medical professionals and a law enforcement officer to your location to take statements and create a police report.
  • Obtain the other party’s information – Collect the other party’s name and insurance information so you’ll have it on hand when filing a claim.
  • Take photographs and videos of the accident scene – Photographs and videos can support your car accident case. If possible, take photographs and videos from all angles before the vehicles are towed or driven away from the scene.
  • Collect witness information – Ask witnesses for their names and phone numbers so your car accident injury lawyer can contact them when building the case.
  • Request a copy of the traffic collision report – You can obtain a copy of your traffic collision report by calling the Naperville Police Department Records Section at (630)-420-6157.
  • Submit a written report, if applicable – Motorists are required to submit the SR1B Illinois Motorist Report to the Illinois Department of Transportation within ten days of the accident when certain conditions are met. If both parties are insured, they must file the report if the accident caused bodily injury, death, or over $1,500 in property damage. If one or both drivers are uninsured, the report must be filed if the car accident resulted in bodily injury, death, or $500 in property damage.
  • Contact a Naperville car accident lawyer – If you were injured or suffered property damage due to a negligent motorist, seek legal representation before taking any additional steps. Your lawyer will review the evidence, determine if you have a case, and negotiate with insurance adjusters on your behalf.

Do You Have a Car Accident Case?

Motorists owe a duty of care to everyone they share the roads with, including other drivers, passengers, and pedestrians. If a driver causes an accident by breaching the duty of care, you may have a car accident case.

You must also demonstrate that the driver’s actions or negligence directly led to your injuries and caused you to suffer damages. Such damages could be medical bills, lost wages, and any other money you had to spend or didn’t earn due to the accident.

If you think you have a case, you must act quickly and secure legal help to file an insurance claim before the statute of limitations expires.

You Have Limited Time to File a Car Accident Personal Injury Lawsuit in Naperville, IL

Illinois has a two-year statute of limitations for personal injury cases, including car accidents. There are two exceptions to this rule: wrongful death and property damage.

Wrongful death claims also have a two-year statute of limitations, but the clock starts ticking at the date of death rather than the date of the accident. Illinois’s statute of limitations is five years when filing a property damage claim.

Legal Liability in Car Accident Cases

Our experienced Naperville car accident lawyers will perform a thorough investigation of your case to help you determine fault. Here are some parties that can be found liable:

  • Motorists can be held legally liable if their actions or negligence cause an accident. For instance, assume a motorist strikes another vehicle when texting while driving. That person could be held liable for failing to provide the duty of care owed to others on the road.
  • Pedestrians and cyclists must obey all traffic laws when sharing the road with motorists and others. They can be held accountable for damages if they cause an accident by darting in front of traffic, failing to yield, or disobeying other traffic laws.
  • If you are injured by someone driving a company-owned vehicle, the driver’s employer may be liable. Your Naperville car accident lawyer will investigate to determine if the company, motorist, or both are at fault.
  • You can hold the manufacturer responsible if evidence shows that a vehicle malfunction caused the accident.

Proving Fault for a Naperville Car Crash

You must demonstrate that another party was negligent and caused your injuries to prove fault in a Naperville car accident case. Insurance companies and attorneys evaluate police reports, photographs, videos, and witness statements when determining fault. Accident reconstruction and expert witness testimony are also used to better understand the accident and who is at fault.

Financial Compensation That We Can Secure for Naperville Car Accident Victims

Car accident settlements are determined based on financial losses and other factors. Our Naperville car accident lawyers are experienced in negotiating with insurance adjusters to obtain maximum compensation on behalf of clients.

Some examples of our previous settlements include $2,830,000 for a 44-year-old man who suffered spinal cord injuries after being struck by a motorist who ran a red light and $1,000,000 paid to the family of a 23-year-old woman who was killed when the car she was in got rear-ended.

Factors That Affect Car Accident Settlement Amounts

The severity of the injuries, financial losses, fault, and insurance coverage impact the value of car accident settlements. Severe injuries typically require expensive ongoing medical treatment, increasing the value of a settlement.

Additionally, settlement values can increase when someone experiences additional financial losses due to the injury, such as missed wages or reduced earning capacity.

Settlement values are also determined by each party’s degree of fault. If the evidence shows that the injured party was partially responsible for the accident, the settlement will be reduced.

The type of insurance coverage the at-fault motorist carries can also affect the settlement value. Illinois requires that drivers carry a minimum of $25,000 in bodily injury coverage per person and $50,000 per accident, along with $20,000 in property coverage. If the at-fault driver has minimum coverage, you’ll be limited to what you can receive in compensation.

The Most Common Car Accident Injuries in Naperville, Illinois

  • Whiplash
  • Bone fractures
  • Sprains and strains
  • Traumatic brain injuries
  • Dislocated joints
  • Spinal cord injuries
Naperville car accident injuries

Damages That Our Naperville Car Accident Lawyers Can Help You Recover

Our experienced Naperville car accident attorneys are here to help you pursue compensation and recover economic, non-economic, punitive, and wrongful death damages, depending on the nature of the claim. A lawyer can review your case to determine which damages you’re eligible to receive.

  • Economic damages refer to financial losses you incurred or will incur due to the accident. Examples include property damage, current and future medical bills, lost wages, and loss of earning capacity.
  • Non-economic damages aren’t related to actual financial losses and are assessed based on the pain and suffering the victim experienced. People dealing with significant pain, mental anguish, distress, and loss of enjoyment may be eligible for non-economic damages.
  • Punitive damages are awarded when the at-fault party’s willful, intentional, or fraudulent actions caused the accident. These damages are awarded to punish the at-fault party for his or her egregious actions.

Finally, you may be eligible for damages related to a wrongful death if your loved one passed away due to the accident. Wrongful death damages can include funeral and burial costs and the loss of emotional and financial support, guidance, income, and savings capacity.

The Statistics of Naperville Motor Vehicle Accidents

  • 80% of Naperville car accidents occur in clear weather.
  • At 35%, rear-end collisions are the most common types of motor vehicle accidents in the city.
  • Turning accidents follow, accounting for 25% of traffic accidents in Naperville.
  • Less than a quarter of accidents result in injuries, while more than three-quarters result in property damage. [1]
Naperville, IL Car Accident Injury Statistics

The Time It Takes to Settle a Car Crash Personal Injury Case

Most car crash personal injury cases are settled within six to nine months of completing medical treatment. However, some claims are settled within weeks, while others take a year or longer.

The severity of the injuries significantly impacts the length of time it takes to settle a case. Claims that involve minor injuries are often settled within days, weeks, or a month or two. Reaching a settlement for severe injuries takes longer because experts must determine long-term treatment needs and potential disabilities.

Liability issues can also impact the duration of settlement discussions. If multiple parties are at fault, someone disputes liability, or the evidence is ambiguous, it may take longer to settle a claim.

The at-fault party’s insurance company can also impact the settlement speed. Cooperative insurance companies work quickly to reach a settlement, while others may drag out settlement talks.

Hiring an attorney can help you reach an agreement in a timely fashion. Your Naperville car accident lawyer will immediately investigate the claim and build a case to present to the insurance company.

The Cost of Hiring a Naperville Car Accident Attorney

You do not have to pay any money upfront when hiring a Naperville car accident lawyer from our law firm. We handle personal injury cases on a contingency fee and receive payment only if we settle or win your case.

How Rosenfeld Injury Lawyers Handle Auto Accident Cases

The process starts with a free consultation during which we will ask questions about the accident and your injuries and review your medical records and any other documentation you have.

Your car accident lawyer will then determine if you have a case, and if you do, explain how the process will work. Then, you can enter an agreement for your attorney to represent you in settlement negotiations to recover damages on your behalf.

Our Naperville personal injury lawyers will then thoroughly investigate the case, which may include reconstructing the accident, interviewing witnesses, and taking statements from experts. Next, an attorney from our firm can assess the damages and calculate the settlement value.

Insurance companies settle most car accident cases out of court, so your attorney will start the process by sending the company a demand letter that includes evidence of the accident and injuries and the initial settlement offer.

The insurance company will likely submit a counteroffer, and the attorney will negotiate for a fair settlement. At the same time, our trial lawyers will be prepared to defend your rights in court in the event the company doesn’t agree to compensate you fairly.

Contact an Experienced Naperville Car Accident Lawyer Today!

Evidence diminishes the longer you wait to file a claim, so contact us for a free consultation so we can start working on your case. Our law firm works on a contingency fee basis and we only get paid only if we help you secure compensation for your case.

Our Naperville car accident lawyers have recovered millions in settlements for our clients and will fight to help you receive a fair settlement. Reach out to us today to help you recover damages for your emotional and physical pain and suffering.

Resources: [1] IDOT

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
Free Consultation (888) 424-5757