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Can I sue after an Illinois car accident?

The law sets clear limits on who can begin a traffic accident lawsuit in IllinoisIf you are a mentally competent adult who has been injured because of another driver’s negligence, then you have the right to bring a lawsuit to recover damages in an Illinois court.

However, there may also be some other times when you have the right to bring a lawsuit.

You May Have the Right to Bring a Lawsuit on Behalf of Someone Else

You may have the right to bring a lawsuit based on your legal relationship with someone else who has been injured. For example, you may be able to bring a personal injury case on behalf of...

  • A minor. If you are the parent or guardian of a child under the age of 18, then you may be able to bring a personal injury lawsuit on behalf of the child if the child was hurt in a crash.
  • A mentally incompetent adult. If you are recognized by the court as the guardian of a mentally incompetent adult, then you may have the right to pursue a personal injury lawsuit on behalf of that adult if the adult was injured in an accident.
  • An estate, If you are the personal representative of an estate and the decedent died because of his car accident injuries, then you may be able to bring a wrongful death claim.

The legal right to file a lawsuit is known as standing. If you don’t have standing, then the defense will likely raise that argument and your case will be dismissed. Thus, it is important to know whether you have standing before you file a complaint to begin your lawsuit.

You Don’t Have to Bring a Lawsuit On Your Own

Even if you are sure that you have standing to sue and you’ve decided that it is in your best interest to file a lawsuit, you don’t have to do it on your own. You have the right to hire an attorney to help you. A lawyer can make sure that all of your legal rights are protected. To find out more, please contact our experienced Illinois car accident lawyers today via this website.

Jason F. Abraham
Managing Partner, Hupy and Abraham