CHICAGO PEDESTRIAN ACCIDENT LAWYER

What To Do if You’re Hit by a Car in Chicago

The most important thing you can do is seek legal assistance from an experienced pedestrian accident lawyer at Curcio & Casciato. Our team offers a free, no obligation consultation to all new clients. But before that, you should take the following steps immediately after a pedestrian accident.

• Seek Medical Attention. As quickly as possible, your doctor should examine you for injuries and begin your care plan. The longer you wait to see a physician, the longer your healing time will be. Some injuries, such as traumatic brain injuries, are also difficult to identify. A doctor will be able to evaluate you and perform the necessary tests.
• Obtain a Copy of the Accident Report. You can get a copy of the report from the law enforcement agency that created it, such as the Chicago Police Department. You can also obtain one from the Illinois State Police.
• Gather Information. Keep photographs of the accident scene, witness information, insurance company correspondence, and receipts for any accident-related costs, including hospital bills.
• Take Notes. Keep note of how your injuries influence your capacity to work and engage in other activities by writing a summary of what you remember about the accident.
• Refer the Driver’s Insurance Company to Your Personal Injury Attorney. Your lawyer at Curcio & Casciato can deal with the driver’s insurance company while you focus on your healing time. Before you provide any statement to the insurance company or accept any permanent injury settlement amounts, you should consult with our team of personal injury attorneys. That way, you won’t accept a settlement that’s worth much less than you deserve.

How Long Do I Have to File a Chicago Pedestrian Accident Lawsuit?

After a pedestrian accident in Illinois, you only have a certain period of time to make a claim. The statute of limitations is the legal term for this. The Illinois statute of limitations gives injured pedestrians 2 years. If your loved one died in a pedestrian accident, you also have 2 years to file a lawsuit.

If you wait too long and fail to meet the deadlines, you will likely lose your right to compensation. Therefore, we highly recommend contacting a Chicago pedestrian accident lawyer as soon as possible. Curcio & Casciato stands ready to fight for your right to compensation.

Can I File a Claim on Behalf of My Child if They Were Hit By a Car?

Yes. Parents can file a pedestrian accident case on behalf of their children’s injuries. You must prove that the driver committed the 4 D’s of negligence in order to receive appropriate compensation. Our team of Chicago child injury lawyers can help you do this.

You may not have a strong case if the driver can prove that your child caused the crash. It’s important to note that children under the age of five are typically not held responsible under Illinois law, so accurately determining fault may be more complicated. That’s why you need experienced pedestrian accident lawyers from Curcio & Casciato on your side.

Can I File a Wrongful Death Lawsuit if a Family Member Was Killed in a Chicago Pedestrian Accident?

Yes. Following a pedestrian accident, Illinois law permits the decedent’s family to file a wrongful death claim for damages such as medical bills, lost wages, funeral and burial costs, and loss of companionship. Close family members – such as spouses, parents, or children – can file pedestrian accident cases that result in wrongful death. A Chicago wrongful death attorney can help you do this.

Damages for Chicago Pedestrian Accident

Depending on the facts of the case, a pedestrian hit by a negligent driver can seek compensation for the following types of economic and non-economic damages:

• Past and future medical bills
• Past and future physical therapy bills
• Caregiving bills
• Lost wages
• Loss of earning capacity if the injured pedestrian became disabled from the accident and therefore can’t accomplish the same job duties as before
• Physical pain and suffering
• Emotional distress
• Counseling expenses
• Permanent scarring and disfigurement
• Loss of consortium
• Loss of enjoyment of life
• Funeral and burial expenses if the pedestrian accident resulted in wrongful death

In some pedestrian accident lawsuits, victims and their families can even recover punitive damages. These types of damages serve more to punish the negligent driver than to further compensate the victim. A Chicago pedestrian accident lawyer can help you determine if the negligent driver deserves to pay punitive damages.

What Do I Do if the Driver Who Hit Me Does Not Have Insurance?

You may file an uninsured motorist claim under your own car insurance policy if you are hurt or injured by a driver who does not have auto insurance. When you pursue an uninsured motorist claim, the law often allows you to recover the same damages as you would in a case against the at-fault driver. However, keep in mind that certain procedural specificities exist for uninsured motorist claims involving pedestrian injuries. For this reason, we recommend speaking with a pedestrian accident attorney and reviewing your own bodily injury liability coverage. This will help to determine the best course of action for your case.

Can I Still Recover Compensation if I am Partially At Fault for an Accident?

Even if your action or inaction partially contributed to the pedestrian accident, you may still recover compensation for your injuries. However, your recovery will be minimized by your percentage of fault. That’s because Illinois follows the comparative fault rule for car accident and personal injury cases.

So in order to receive any compensation, the injured person must be less than 50% at fault for the accident. If an injured person is more than 51% at fault for the accident, they can’t receive any compensation.

Why You Need a Chicago Pedestrian Accident Lawyer on Your Side

Curcio & Casciato is a top notch personal injury law firm in Chicago that fights for the rights and justice of all clients. While many people simply see dollar signs, we see a means for injured folks to move on with their lives after an accident. As attorneys, we always start by conducting a deep investigation of your situation. During that investigation, we engage in many of the following techniques.

• Reading through the accident report from the police
• Gathering and studying photos from the accident scene
• Inspecting the scene of the accident, as well as the vehicle of the driver
• Speaking with witnesses
• Watching any available video footage
• Gathering or subpoenaing cell phone records of the driver
• Examining any breath, blood, or urine test results
• Examining your medical records from the accident

We’ll do all we can to figure out why the motorist hit you and who should be held accountable for the physical, emotional, and financial harm you’ve suffered. In certain situations, the driver isn’t the only one who bears responsibility. For example, the driver’s employer or a bar or event host who gave alcohol to the driver might be held responsible. We’ll want to locate any possible defendants as well as any potential sources of recompense. We may speak with specialists in accident reconstruction, life care planning, and other disciplines in order to identify the cause of the accident and properly quantify your damages.