What Kind of Evidence Is Used in Illinois Car Accident Injury Claims?

 Posted on November 24, 2020 in Car Accidents

A car accident can leave a person with painful injuries, expensive medical needs, and considerable vehicle repair costs. If you or a loved one were hurt in an Illinois automobile crash, you may wonder how you will cover these costs. Through a personal injury claim, you may be compensated for your medical expenses, property damage, and other losses caused by the accident. However, to successfully recover compensation, you and your attorney will need to show proof of the other party’s liability, your injuries, and the damages your injuries incurred.

4 Main Elements of a Successful Personal Injury Claim

To win a personal injury claim after a car accident in Illinois, you will need to show that:

1. The liable party had a duty of care.

2. The party breached the duty of care.

3. You suffered injuries as a result of the breach of duty.

4. You sustained damages because of your injuries.

Each of these elements may be demonstrated using various forms of evidence. Often, the most difficult component of a car accident claim is proving that another driver is at fault. To prove the other driver’s liability, your attorney may use evidence such as:

• Photographs of the accident scene

• Videos from security cameras and red light cameras

• Vehicle data from event data recorders

• Police reports

• Eyewitness statements

• Forensic evidence including damage to guardrails or medians, vehicle debris, and skid marks

Severe vehicle collisions can occur in the blink of an eye. It is often difficult to know exactly what happened during such a chaotic incident. Accident reconstruction is a process during which professionals use physics, mathematics, and computer modeling to “re-create” an accident and understand how and why the accident occurred.

Proving Your Damages

Demonstrating the other driver’s liability is only the first half of winning your case. You and your attorney will also need to show that your injuries caused you to suffer damages. The most common types of damages in a car accident claim are medical bills, lost income, reduced earning capacity, and noneconomic damages like pain and suffering. Often, medical records and statements from physicians are used to confirm the extent of the victim’s injuries. Expert testimony from highly respected medical professionals and financial experts may be used to confirm how the victim’s injuries will affect his or her income-earning ability. Mental health experts can attest to the impact the accident had on your emotional state and well-being.

Contact a Decatur Car Accident Lawyer

If you or a loved one were hurt in an Illinois car accident, you need a strong advocate on your side. Contact a knowledgeable and compassionate Springfield personal injury attorney from Kanoski Bresney for help understanding your legal rights after an accident, filing a claim, and pursuing financial compensation for your damages. Call our office today at 888-826-8682 to schedule your free consultation.

Source:
https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf