Chicago Passenger Injury Claims Lawyer
A passenger in a car is at the mercy of the vehicle operator to keep them safe from collisions. Errors made by a driver can quickly turn into tragedy when the vehicle collides with another car or is involved in a single-car accident.
Passengers can be seriously injured through no fault when the driver of the vehicle or other cars or trucks on the road drive recklessly or negligently.
All injured victims of motorcycle, truck and auto accidents have the legal right to seek financial compensation for their damages through the car insurance held by the at-fault driver who caused the crash. Our Chicago car accident law office can help.
The passenger harmed in the collision can file a personal injury claim to pay for their medical bills, hospitalization expenses, time away from work, pain, and suffering. Call our personal injury attorneys at Rosenfeld Injury Lawyers, LLC today to discuss your case.
Attorney Representing Injured Passengers in a Chicago, IL Car Accident
A passenger injured in a motor vehicle accident is entitled to pursue a cause of action against the negligent party who caused or contributed to their damages.
Illinois law holds that a passenger cannot be at fault for an accident. Put another way, as a passenger, you may have legal claims against the driver of your vehicle or other motorists, but unlike most car accidents, fault cannot be attributed to you.
A personal injury law firm working on behalf of injured parties can determine who is at fault before seeking recovery for damages.
The vehicle driver or other motorists involved in the collision might be held legally and financially responsible for causing the crash.
It might be necessary to review the appropriate coverage from insurance companies for all parties to maximize the amount of liability insurance coverage available, especially in cases involving significant damages.
Personal Injury Claims Against Friends and Family for Negligent Operation of Vehicles
Let’s face it, most of us don’t ride in a stranger's car or get on the back of a motorcycle of someone we just met. Most car occupants are family members or friends of the vehicle's driver.
As a result, many occupants in the vehicle seriously injured in a crash are hesitant to pursue an insurance claim with the driver’s insurance carrier– let alone file a claim against that person who was operating the vehicle involved in the collision.
Our personal injury attorneys are mindful of the delicate relationship between passengers and the drivers of the vehicle they are riding in. We always keep the lines of communication open and allow you to decide how to proceed in terms of settlement or litigation.
Why Personal Injury Protection (PIP) Is Crucial During an Accident
All passengers can file against the driver's personal injury protection (PIP) insurance or other insurance coverage to receive a medical payment and compensation for additional damages.
Only about a fifth of all states in America require motorists to carry PIP insurance that can "stack" benefits for additional payment from the vehicle driver process policy to pay medical bills and other expenses in an accident involving their car and the other vehicle.
The Role of Auto Insurance in Chicago, IL Car Passenger Injury Claims
Despite the initial awkwardness of filing a claim against a relative or good friend, the reality is that most motor vehicle claims are paid directly by the insurance company for the driver or owner of the vehicle and not out of the driver’s personal assets.
The motorist responsible for the collision is the negligent party who must resolve a claim under the law. The driver’s insurance company has a contractual obligation to pay for all crash-related injuries that a passenger suffered — regardless of their relationship with the driver.
File a Claim Against a Parent
Consequently, as difficult as it may be to understand, a child/passenger in a car accident caused by a parent has a right to recover damages for their injuries, including medical expenses, pain, suffering, and lost wages.
Similarly, one spouse has a right to recover damages from the other spouse if their negligence caused an accident. In some cases, the insurance company might be unwilling to settle the claim out of court.
However, auto and motorcycle insurance policies require that the insurance company provides an attorney for the driver (policyholder) to represent them in court.
The insurance companies must pay the injured party for any settlement or judgment against their insured without taking monies from the driver's personal funds.
In other words, if you are considering bringing a claim against a friend or family member for a car accident claim but are hesitant to do so based on your fear of taking money from them, their liability insurance will insulate them from paying the passenger anything personally.
Children Passengers Injured in a Car Accident
Sadly, A child passenger involved in a collision often suffers the most serious injuries.
According to the Center for Disease Control and Prevention (CDC), car accidents are the leading killer of child passengers in the United States. In 2017, 675 children under 12-years of age died, and nearly 116,000 were injured in auto accidents.
Dealing with an injured child passenger harmed in a car accident can be challenging for family members, friends, or caregivers. The emotional, physical and financial toll on the injured passenger can be life-altering, especially if the child suffers from traumatic brain injury or disfigurement.
An experienced Chicago car accident attorney can handle negotiations involving the child's injuries like all other accident injury cases, even if the child's parent is at fault for the accident.
Our injury attorneys can create a buffer between the parents and the legal situation regarding financial compensation paid to someone close to them.
Injured Car Passenger FAQs
Our personal injury attorneys understand that many families have unanswered questions when dealing with insurance companies about passenger injury claims. An experienced car accident lawyer has answered some of those questions below, including how you can be compensated from your own health insurance company and accident policy.
Call us today at (888) 424-5757 for additional legal and insurance information or schedule a free consultation.
What Happens to Passengers in a Car Crash?
If you or a family member have been hurt in a vehicle accident, there are essential steps to take, including getting immediate medical treatment and care. Ensure the urgent care center or emergency room doctor performs comprehensive diagnostic tests to evaluate your condition and identify your damages.
Call local law enforcement to file a police report if you remain at the accident scene. Get personal contact information from all drivers involved in the crash and the driver's insurance policy to cover damages sustained in the collision.
Do not give a statement or talk to any insurance company or claims adjuster without speaking to an experienced accident injury lawyer who can protect your rights. Take photographs of all vehicles involved.
What Happens When You Get Injured in a Vehicle Accident Caused by an Uninsured Motorist?
Were you a passenger injured in an accident in a vehicle without insurance (or the driver did not have insurance)? You may pursue a claim with your insurance company if you have uninsured motorist coverage.
Filing an uninsured motorist claim (UM) means bringing a claim against your insurance coverage. You are entitled to the same damages that you would be able to pursue if the driver in the other vehicle had enough insurance.
What Are the Most Common Injuries in a Vehicle Accident?
An injured passenger can recover all economic and non-economic damages recognized under Illinois law. The injured party can file a passenger claim against everyone at fault, including the operator of the vehicle they were riding in, any other driver, and other third parties that might involve the vehicle manufacturer, maintenance crews, and others.
In most car accident cases, economic damages include lost wages and medical care as well as:
- Ambulance costs
- Hospital bills
- Expenses related to physical therapy, ongoing medical treatment, and rehabilitation
Non-economic damages cover intangible losses such as pain and suffering and disability that you have endured and are likely to experience in the future.
If you or a loved one sustained a serious injury, you might be entitled to substantial compensation if your treating physician believes that you will experience ongoing pain and disability.
In the case of a passenger who died in an accident, the deceased's family may bring a wrongful death claim against the driver under the Illinois Wrongful Death Act to recover compensation for their loss of emotional and economic support.
Does Bodily Injury Cover Every Passenger in Your Car?
Bodily injury refers to any physical, mental, or emotional damage to the passenger involved in the collision. While these damages are not often covered through health insurance, the driver's insurance should pay for all medical bills, lost income, pain, and suffering.
The Statute of Limitations
All injured parties in a Chicago, Illinois, accident generally have two years from the incident date for filing claims against the responsible parties, including all drivers involved in the collision.
Any failure to take legal action within this time will forever bar the victim's ability to recover compensation. Our law firm's experienced car accident lawyers can describe all the exceptions to this rule to ensure that your legal rights are not violated or compromised.
How Do I Get Money From a Car Accident If I Was Injured on the Job?
Any work-related motor vehicle accident would likely be covered under workers' compensation. Under the Illinois Workers' Compensation Act, you may recover lost income and have your medical care paid for by your employer.
You may also qualify for a lump sum payment for resulting permanent disability through the Worker's Comp. benefit program.
Some employers have corporate car insurance policies that may give you additional benefits than those under workers' compensation. In these cases, you likely need to file a personal injury lawsuit to extend how much compensation you receive for your damages.
Consequently, it is suggested that you consult with an experienced Chicago car accident lawyer who can evaluate the appropriate insurance coverage and how it may apply to your situation when filing multiple claims involving the Worker's Compensation benefit system and third-party claims.
How Are Pain and Suffering Calculated in a Vehicle Accident?
Determining how much compensation an injured party can get in a vehicle collision can be challenging. Passenger claims are usually determined by:
- The extent of property damage
- The severity of wounds
- If the injuries are temporary or permanent
A personal injury attorney working on behalf of their client will evaluate the injuries caused by their driver or the other driver at fault for causing the collision. Typically, Minor penetration wounds and damage to soft tissue can take up to six months to heal completely.
The healing process for deep lacerations and crushing injuries can take much longer. Traumatic brain injury,paralysis, or spinal cord damage might never heal, creating life-altering problems for the victim who now faces challenges with moving, talking, walking, and thinking.
All the injuries stated above involve pain and suffering that could last a lifetime. Resolving a case involving pain and suffering will likely include additional funds in the settlement offer or if the jury finds the plaintiff in their verdict.
Do I Need a Lawyer for a Passenger Injury Claim?
You will likely need legal assistance to help you through the process to ensure that all victims’ claims are paid. A Chicago motor vehicle accident lawyer can protect your rights, file a claim on your behalf, obtain the police report, and handle the entire process to ensure you are adequately compensated.
Dealing with a claims adjuster can be challenging. An injury lawyer working for you or a family member can cut through red tape to move the process along and ensure you receive maximum compensation for all your damages.
Also, hiring an attorney is often necessary when dealing with your own insurance company that might offer a lowball settlement to resolve your claim quickly before you understand the extent of your damages and possibly the need for lifetime medical payment for any permanent or temporary disabilities.
Contacting a Top-Rated Personal Injury Attorney for Passenger Injuries in Chicago, Illinois
Were you or a family member a passenger in a car,bus, or motorcycle accident in Illinois and suffered serious injuries? If so, it is essential to receive immediate medical attention and speak to car accident attorneys who have experience in passenger accident injury cases.
Rosenfeld Injury Lawyers LLC has successfully resolved many cases on behalf of seriously injured passengers across Illinois. Our rapid response and know-how help us gather crucial evidence and eyewitness accounts of how the accident occurred to determine who is at fault or responsible for the crash.
Contact a Chicago, Illinois, car accident lawyer at our accident injury law office at (888) 424-5757 (toll-free phone number) for real-time assistance.
Get a free consultation with our skillful Chicago car accident lawyers to discuss your legal options to recover your medical bills, lost income, and other damages. We accept all passenger injury cases on a contingency fee basis, ensuring that we never charge a fee without obtaining fair compensation for you.
Your discussions with an accident injury lawyer will remain confidential through an attorney-client relationship. Our Chicago, IL auto accident injury attorneys currently follow social distancing guidelines to prevent the spread of COVID-19 (Coronavirus).