Schaumburg Car Passenger Injuries Lawyer

person driving car

As an injured passenger in a car accident in Illinois, you have the right to seek financial compensation for your medical bills, lost income, and suffering, regardless of who was driving the car.

Navigating the path to recovery feels like life will never be the same, but a Schaumburg passenger injury attorney helps you understand your options and advocate for the support you need to heal.

Being hurt in a collision when you weren’t even behind the wheel is a confusing and frustrating experience. One moment, you might head to Woodfield Mall, and the next, you are dealing with injuries and uncertainty.

You may be worried about medical costs, missing work, and how this will affect your life. The law recognizes that, as a passenger, you had no control over the vehicle and should not bear the financial burden of someone else’s mistake.

Schaumburg Car Passenger Injuries Lawyer

Who Is Responsible for My Injuries as a Passenger?

Determining who is legally responsible, or liable, for your injuries is the first step in a passenger injury claim. Unlike a driver, a passenger is almost never at fault for a crash.

Financial responsibility typically falls on one or more of the drivers involved.

There are a few common scenarios that determine where you can seek compensation:

  • The Other Driver Was At Fault: If the driver of another vehicle caused the accident, your claim would be filed against their auto insurance policy. For example, if someone ran a red light and hit the car you were in, their insurance would be the primary source of compensation.
  • The Driver of Your Car Was At Fault: Sometimes, the person you were riding with is the one who caused the crash. This can be an uncomfortable situation, especially if the driver is a friend or family member.

Your claim is made against their insurance policy, not against them personally. This insurance exists for precisely these situations, to cover damages and injuries when an accident happens.

  • Both Drivers Shared Fault: Both drivers may share some of the blame in many collisions, especially at busy Schaumburg intersections. When this happens, you may be able to file claims against both drivers’ insurance policies to cover your damages.

An experienced Schaumburg passenger injury attorney investigates the accident to clearly identify all at-fault parties and their insurance coverage, giving you the best opportunity to receive full compensation.

Passenger Injury Claims

Passenger injury cases come with their own unique challenges. You might find yourself caught between two different insurance companies, each trying to blame the other driver to avoid paying your claim.

The insurance adjusters are not on your side; they protect their company’s bottom line by paying as little as possible.

What if the Driver Was a Friend or Family Member?

This is one of the most common concerns for injured passengers. The thought of taking legal action against a loved one can feel wrong. However, you are not suing your friend or relative when you file a claim. You are seeking compensation from their insurance company, which they pay premiums for in case of an accident.

Your friend’s policy is there to protect people injured due to their actions, including their passengers. Pursuing a claim allows you to pay your medical bills and recover lost wages without placing a direct financial hardship on your loved one.

What if Both Drivers Were at Fault?

Illinois follows a legal rule called modified comparative negligence. This means that responsibility for an accident can be divided among those who contributed to it. According to the Illinois Compiled Statutes (735 ILCS 5/2-1116), an injured person can recover damages if they are not more than 50% at fault.

As a passenger, you are very rarely found to have any fault. If both drivers are partially at fault, a Schaumburg passenger injury attorney can help you file claims against both insurance policies to ensure all of your damages are covered.

What Types of Compensation Can an Injured Passenger Recover?

Discover why hiring a car accident lawyer can help with injuries, denied claims, and low settlement offers.

If you were injured as a passenger, you have the right to seek compensation, often called damages, for the harm you have suffered. The goal of this compensation is to help make you whole again from a financial perspective.

A dedicated Schaumburg passenger injury attorney will work to identify all of your losses to build a strong case.
You may be entitled to recover funds for:

  • Medical Expenses: This includes all costs related to your injuries, from the initial emergency room visit to ongoing physical therapy, medications, future surgeries, and any necessary medical equipment.
  • Lost Wages and Earning Capacity: If your injuries prevent you from working, you can be compensated for the income you have lost. If your ability to earn a living in the future is diminished, you can also seek damages for that loss.
  • Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries. While no amount of money can erase this, it acknowledges the significant human cost of the collision.
  • Disability and Disfigurement: If the accident results in a long-term disability or permanent scarring and disfigurement, you can seek additional compensation for how this impacts your quality of life.

Steps to Take After Being Injured as a Passenger

After any car accident, your first priority is your health. Once you have received initial medical attention and are back home, there are important steps you can take after a car accident to protect your well-being and your legal rights.

  • Continue All Medical Treatment: It is vital to follow your doctor’s orders. Attend all follow-up appointments, go to physical therapy, and take prescribed medications. This helps your physical recovery and also creates a clear medical record documenting the extent of your injuries.
  • Keep Detailed Records: Start a file to keep everything related to the accident, including medical bills, receipts for out-of-pocket expenses, doctor’s notes, and insurance correspondence. Keeping a journal detailing your pain, limitations, and how injuries affect your life is also helpful.
  • Be Cautious with Insurance Companies: One or more insurance adjusters will likely contact you. You are not obligated to give them a recorded statement. These statements can be used against you to minimize your claim.

It is best to politely decline and direct them to your Schaumburg passenger injury attorney. Never accept a quick settlement offer without understanding the full value of your claim, as initial offers are almost always too low.

Why Choose Vito & Dollenmaier Law for Your Passenger Injury Case?

When you are hurt and unsure where to turn, you need a legal team that understands the law and what you are going through. At Vito & Dollenmaier Law, we treat our clients like family.

We believe that a strong attorney-client relationship is built on trust, communication, and a shared commitment to achieving justice. We are more than just lawyers; we are your advocates.

Choosing the right firm is a critical decision. Here’s how we stand beside you:

  • Direct Access to Your Attorney: When you work with us, you work directly with our attorneys, Stephen Vito and Robert Dollenmaier. You will not be passed off to a case manager. We are here to answer your questions and provide personal guidance every step of the way.
  • A Focus on Your Recovery: We handle the legal burdens so you can focus on healing. We manage paperwork, communicate with insurers, and build a strong case on your behalf.
  • No Fee Unless We Win: We operate on a contingency fee basis. You pay us nothing upfront, and we only receive a fee if we successfully recover compensation for you.
  • Local Knowledge and Dedication: As attorneys serving the Chicago suburbs, we understand the local courts and legal community. We are dedicated to holding negligent drivers accountable and securing the resources you need to rebuild your life.

Common Injuries in Passenger Accident Cases

Passengers are just as vulnerable to serious injuries as drivers. Because they are often unaware that a crash is about to happen, they cannot brace for impact, sometimes leading to more severe harm.

According to the National Highway Traffic Safety Administration (NHTSA), tens of thousands of people are killed and millions are injured in crashes each year, including many passengers.

Common injuries we see in passenger accident claims include:

  • Whiplash and other neck or back injuries
  • Broken bones
  • Traumatic Brain Injuries (TBIs)
  • Spinal cord injuries
  • Internal injuries or organ damage
  • Lacerations and scarring

No matter the extent of your injury, you deserve an advocate who will fight for the full value of your claim. A skilled Schaumburg passenger injury attorney will ensure your voice is heard and your needs are met.

FAQ

How long do I have to file a passenger injury claim in Illinois?

In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident. It is important to act promptly to preserve evidence and protect your rights, as missing this deadline can prevent you from ever recovering compensation.

What if the driver who caused the accident was uninsured or underinsured?

If the at-fault driver has no insurance or not enough to cover your damages, you may still get compensation through Uninsured/Underinsured Motorist (UM/UIM) coverage under your own policy or a resident relative’s policy. A Schaumburg passenger injury attorney can help you explore this option.

Do I have to go to court to get compensation?

Most personal injury cases are settled out of court through negotiations. A strong, well-prepared case often encourages a fair settlement offer. However, if the insurer refuses to be reasonable, we are prepared to go to trial to fight for your compensation.

Can a passenger be found partially at fault for an accident?

It is extremely rare for a passenger to be found at fault. A passenger would need to do something specific, like grabbing the steering wheel, to be considered at fault. In nearly all cases, passengers are considered blameless victims.

What if my injuries did not seem serious right after the crash?

Some serious injuries do not show symptoms immediately. It is essential to get a complete medical evaluation after any accident. If you later discover an injury, you can still pursue a claim, but it must be connected to the accident with medical evidence.

Your Path Forward Begins Here

The moments after a car accident are filled with stress and uncertainty. You do not have to navigate this journey by yourself. The legal team at Vito & Dollenmaier Law is here to provide the compassionate support and determined advocacy you need to move forward.

up to insurance companies and fight for the justice and financial stability you deserve. Let us handle the legal complexities so you can focus on healing.

For a free, no-obligation consultation to discuss your rights as an injured passenger, contact Vito & Dollenmaier Law today at (224) 539-8821.