Pedestrians can suffer devastating injuries if they are struck by a car. Because they lack protective equipment, they could be seriously hurt or even killed while the driver of the automobile walks away unscathed. Fortunately, victims may be able to recover compensation for their losses.
If you were hit by a car, consider speaking to a Naperville pedestrian accident lawyer about your legal options. With the advocacy of a skilled attorney, you may be able to hold the responsible party accountable for your injuries and recover the compensation you deserve.
Statute of Limitations
Victims of Naperville pedestrian accidents typically have two years from the date of the accident to file their lawsuits. This requirement comes from the statute of limitations for personal injury cases, found in 735 Illinois Compiled Statutes § 5/13-202. However, there are exceptions that a Naperville pedestrian accident attorney could make use of, in some circumstances.
One of those exceptions applies to victims under the age of 18. 735 ILCS § 5/13-2011 provides minors with more time to initiate lawsuits. Rather than the two years beginning at the time of the accident, this statute “tolls,” or delays, the beginning of the limitation until the victim turns 18. Once the victim turns 18, they have two years to file a claim for compensation.
Legal Damages
Personal injury law in Naperville aims to compensate victims for all of the ways they have been set back by an accident. This is wide-reaching and all-encompassing, and it includes compensation for any of the following repercussions of a pedestrian accident:
- Wages lost during the victim’s recovery
- Lost business opportunities
- Inability or reduced ability to earn an income in the future
- Medical bills, both past and future
- Physical pain
- Mental anguish and the loss of life’s enjoyments
- Costs of modifying a home to accommodate a victim’s disabilities
- Loss of companionship and consortium
Pursuing each and every one of these potential avenues for recovery is an essential part of a pedestrian accident lawsuit. A pedestrian accident lawyer in Naperville could calculate the full extent of a victim’s damages and pursue them in court.
Comparative Negligence
Even victims who were partially responsible for their own accidents can potentially recover compensation in a pedestrian accident lawsuit. The law in Naperville uses pure comparative negligence rules. This means the jury will assign a percentage of fault to everyone involved in the accident, including the victim. Whatever percentage of fault is assigned to the victim will reduce the amount of compensation that they can recover. To learn more about comparative negligence and how it applies to a particular case, victims could consult with a Naperville pedestrian accident attorney.
Seek the Services of a Naperville Pedestrian Accident Attorney
If you or a loved one was hurt in a pedestrian accident, hiring legal help to pursue your interests in court could be an important part of the recovery process. The cost of medical care after an accident can be overwhelming, but a personal injury lawsuit could provide much-needed financial relief. Call a Naperville pedestrian accident lawyer today to schedule a consultation.