Are Your Accident Injuries Eligible For Compensation?
As a passenger in a car accident, you put your life in the hands of the driver every time you get into a vehicle. You trust them to operate the car safely and responsibly. But what happens when that trust is shattered in a sudden, violent crash? What are your rights? And most importantly, "How much money can a passenger in a car accident get?
The majority of people have no idea how to answer these questions without help from an experienced car accident lawyer. But it doesn't have to be this way. As an injured passenger, you have powerful legal rights that can't be ignored.
Recovering a fair car accident settlement as a passenger injured in a collision starts with understanding that you may need help assessing the full value of your damages. Learn what that requires, the obstacles to success, and how personal injury attorneys can help you in the fight for justice.
What Are My Rights As An Injured Passenger?
Passengers injured in car accidents have the same basic legal rights as drivers to recover compensation. The two most common options are filing a car accident claim or personal injury lawsuit against:
- The driver of the vehicle you were riding in
- The driver of another vehicle involved in the crash
- The manufacturer of a defective vehicle or vehicle part that caused the accident
- Government entities responsible for road defects or hazards that led to the crash
Like other road users seeking economic and non-economic damages, you must file your insurance claim or lawsuit against the drivers involved within a specific time frame, known as the statute of limitations.
The limitations statute varies from state to state, but many, such as Chicago and Arizona, offer adult passengers injured in car accidents up to two years to file a claim. However, in some cases, this time frame may be shorter or longer. Taking advantage of your right to seek legal support to recover economic and non-economic damages can ensure you don't miss your window to seek compensation.
How Much Compensation Can I Get As An Injured Passenger?
Passengers can seek compensation for the full extent of their injuries and losses stemming from the accident. Depending on the circumstances, this may include money for:
- Medical expenses: Any bills for medical treatment related to diagnosing, treating, and rehabilitating your accident injuries. This includes ER visits, hospitalization, surgeries, doctor appointments, medications, medical equipment, etc. Future expected medical costs may also be included in your claim.
- Lost income: Any wages, salary, tips, bonuses, commissions, or self-employment income you lost from missing work due to the accident, injuries, and recovery. You may also be able to recover compensation for reduced earning capacity if you suffer a permanent disability that impacts your ability to work and earn a living.
- Pain and suffering: The physical pain, emotional anguish, mental trauma, and loss of enjoyment of life you experienced due to the accident and your injuries. Some states allow recovery of future pain and suffering damages in addition to what you've already endured.
- Out-of-pocket costs: Any other accident-related expenses you incurred, such as transportation costs to medical appointments, home modifications to accommodate a disability, in-home assistance, etc.
The exact types of compensation available will depend on the unique facts of your case and the losses you suffered. An experienced car accident attorney can thoroughly assess your situation and determine all potential areas of recovery to ensure you pursue the maximum compensation possible.
What Factors Affect the Value of a Passenger Injury Claim?
Several key factors will affect how much money you can ultimately recover for your injuries and losses as a passenger in a car accident:
- The severity of injuries: Car accident settlements aim to compensate victims for the harm they've suffered. Severe harm, such as traumatic brain injuries, spinal cord damage, and soft tissue injuries, tends to involve higher medical bills, more missed work, longer recovery times, and greater pain and suffering.
- Impact on your life: The more significant and long-term the impact of your injuries on your life, the higher the potential recovery. If your injuries cause major disruptions to your daily activities, relationships, work, hobbies, and overall quality of life, that can all affect the final settlement recovered.
- Strength of evidence: The stronger the evidence showing the other party was at fault, the higher your chances of recovering full and fair compensation. Strong evidence may include police reports, video footage, photos, eyewitness statements, expert analysis, and medical records.
- Future anticipated losses: If your injuries are severe and long-term or permanent in nature, a significant amount of your financial recovery may consist of future anticipated losses, like ongoing medical treatment, lost earning capacity, and future pain and suffering. A lawyer can help demonstrate these damages with the help of experts.
- Number of at-fault parties: In some multi-vehicle accidents, more than one driver may share fault for the crash. The more parties you can hold liable, the better your chances of securing full compensation for your injuries and losses.
Accident survivors aren't always aware of all possible avenues or challenges that could affect how much they could recover for severe injuries, lost wages, emotional distress, physical therapy, and other expenses incurred after a car crash. Speaking with a legal professional can help mitigate potential obstacles before they affect your right to fair compensation.
Average Passenger Injury Settlement Amounts
Many injured passengers want to know the average settlement amount for cases like theirs. Because every case is unique, and many settlements are confidential, it's hard to provide an accurate average.
However, in some recent settlements and verdicts in passenger injury cases at the Chicago-based personal injury law firm of Abels & Annes, P.C., experienced car accident lawyers have been able to secure significant victories for clients, including:
- $2,750,000 – secured in an auto accident settlement during which our client sustained significant head injuries after his vehicle was rear-ended on a Chicago area interstate.
- $905,000 – recovered in a Cook County lawsuit for a passenger who had to have surgery due to cervical injuries sustained in a crash. The driver of the car she was riding in lost control and struck a support beam in the 400 block of Lower Wabash Ave in Chicago.
- $600,000 – obtained for a passenger who suffered a catastrophic injury in a contested liability auto accident in Lake County, Illinois. Insurance policy limits of $500,000 were collected from one defendant, and the victim's uninsured motorist coverage of $100,000 was collected for the liability of the other defendant, who was uninsured.
These examples do not necessarily reflect what you can expect to recover in your case. They do, however, reflect the value of partnering with experienced legal representation to ensure that the full value of your damages and losses is aggressively fought for in negotiations or in court.
Steps to Take to Protect Your Rights
Following these steps can significantly improve your chances of securing fair compensation when you've been injured as a passenger in an accident.
Contact an Experienced Personal Injury Lawyer
An attorney can guide you through your claim's complexities, negotiate with the insurance company, and fight to secure the compensation you deserve. Reach out as soon as possible to discuss your options.
Seek Further Medical Attention
Getting medical care beyond what first responders may provide protects your health and helps establish a clear link between the accident and your injuries. Follow all treatment recommendations to ensure your recovery stays on track.
Gather Evidence from the Scene
If it's safe to do so, collect photos of vehicle damage, visible injuries, and the accident's surroundings. Obtaining witness contact information can also be invaluable if disputes arise later. If you are unable to do this, a lawyer can help.
Obtain the Police Accident Report
The official accident report provides an impartial account of the crash, which can support your claim. Be sure to request a copy for your records as soon as it's available. These records can take a while to be ready. If you need to focus on healing, consider speaking with your lawyer about how they may be able to assist in gathering this and other vital evidence.
Track All Accident-Related Expenses
Keep detailed records of all costs, including medical bills, lost income, and any additional expenses tied to your recovery. This documentation is essential for accurately valuing your claim.
Avoid Discussing the Accident on Social Media
What you post online can be used against you by insurance companies. Refrain from sharing details about the accident, your injuries, or your claim to protect your case.
Don't Provide a Recorded Statement Before Consulting a Lawyer
Insurance adjusters may use your statement to minimize or deny your claim. Speak with an attorney first to ensure your rights are fully protected during this process.
How Can a Lawyer Help Me Maximize Compensation As An Injured Car Accident Passenger?
If you've been injured as a passenger in a car accident, working with an experienced personal injury lawyer is one of the best steps you can take to protect your rights and fight for the maximum compensation you deserve. Here are some key ways an attorney can help with your passenger injury claim.
Investigating Your Accident
A lawyer can thoroughly analyze the details of your crash to identify all potentially liable parties and uncover important evidence to support a strong claim. This may involve interviewing witnesses, reviewing police reports and medical records, analyzing photos and videos, consulting with accident reconstruction experts, and more.
Assessing Your Claim's Value
An experienced attorney can accurately assess the full value of your passenger injury claim, considering all of your current and future losses. This is critical to ensuring you don't settle for less than you deserve.
Handling Communication with Insurance Companies
After an accident, insurance adjusters may try to get you to give a recorded statement, sign away your rights, or accept a lowball settlement offer. An attorney can handle all communication with the insurance companies to protect you from doing or saying anything that could deny compensation for your emotional and physical injuries.
Negotiating for a Fair Settlement
Lawyers are skilled negotiators who can advocate for your interests and fight for a settlement that provides full and fair compensation for your injuries and losses. If the insurance company refuses to offer an adequate settlement, your attorney can escalate the matter and file a lawsuit to pursue additional compensation.
Building Your Best Case
A lawyer can build a persuasive argument for maximum compensation if your case goes to trial. This includes gathering and presenting compelling evidence, hiring expert witnesses, filing court documents, and representing you before a judge or jury to help you receive fair compensation.
Providing Invaluable Guidance and Support
An attorney can provide the guidance, support, and peace of mind you need during this challenging time. They can answer your questions, update you on your case's progress, help you access the medical care you need, and serve as your dedicated advocate from start to finish.
Did You Suffer Injuries as a Passenger in a Car Accident? Contact Experienced Personal Injury Attorneys Today
As an injured passenger in a car accident, you have the right to pursue compensation for the full extent of your injuries and losses. While many factors will impact how much money you can recover, working with a skilled attorney can help you build a strong case and fight for the maximum compensation you deserve.
At Abels & Annes, P.C., our Chicago personal injury lawyers have extensive experience advocating for the rights of injured passengers across Illinois. We understand your challenges and are here to help you confidently navigate the legal process.
If you were injured as a passenger in a car accident, contact us today at (312) 924-7575 or through our online form for a free consultation. We'll review your case, answer your questions, and discuss how we can help you seek the full and fair recovery you need to move forward with your life.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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