Attorney
When it comes to personal injury cases, not all situations are straightforward. Sometimes, determining fault is more complex than pointing fingers at one party. Both parties often share some degree of responsibility for the accident. This is where the concept of comparative negligence comes into play. If you’re involved in a personal injury case in Illinois, understanding how comparative negligence works is crucial to knowing how much compensation you may receive.
What Is Comparative Negligence?
Comparative negligence is a legal principle that allows the court to assign fault to multiple parties in an accident. Rather than placing all the blame on one person, the court can determine each party’s percentage of fault and adjust the damages awarded accordingly.
For example, if you were involved in a car accident where you were found to be 20% at fault, and the other driver was 80% at fault, your compensation would be reduced based on your percentage of fault. So, if your total damages were $100,000, you would receive $80,000 (80% of the total).
Types of Comparative Negligence
There are two main types of comparative negligence: pure comparative negligence and modified comparative negligence. Illinois uses the modified form, so it’s essential to understand how that works.
Pure Comparative Negligence
- In states that follow pure comparative negligence, you can recover damages even if you are 99% at fault for the accident. Your compensation will be reduced based on your level of fault.
- While this approach seems fair, it’s not commonly used. States like California and Florida follow pure comparative negligence, but Illinois does not.
Modified Comparative Negligence (50% Bar Rule)
Illinois follows the modified comparative negligence rule, specifically the 50% bar rule. Here’s how it works:
- You can only recover damages if your fault is 50% or less.
- If you’re found to be more than 50% at fault, you cannot recover any damages.
- Your percentage of fault reduces your compensation if it’s 50% or less. For instance, if you are 30% at fault, you’ll receive 70% of the total damages.
This system ensures that individuals who are primarily responsible for an accident cannot collect damages while still allowing those with partial responsibility to recover something.
How Is Fault Determined in Illinois?
In personal injury cases, fault isn’t always clear-cut. It often requires an investigation and analysis of the evidence to determine how much each party is responsible. Illinois courts, insurance companies, and attorneys may look at the following factors when determining fault:
- Police reports–These often provide critical details and opinions on how the accident occurred.
- Witness statements–Testimonies from people who saw the accident can help clarify what happened.
- Physical evidence–This includes things like skid marks, vehicle damage, or surveillance footage.
- Expert testimony–Accident reconstruction experts may be called in to provide professional insight into the cause of the accident.
Once all the evidence is gathered, a percentage of fault is assigned to each party involved.
How Comparative Negligence Impacts Your Case
Comparative negligence affects your injury claim in several ways. Insurance companies often use comparative negligence to reduce their payout. If they believe you share some responsibility, they may lower their settlement offer based on that percentage.
The higher the percentage of fault assigned to you, the less compensation you receive. Gathering as much evidence as possible is essential to reduce your assigned fault percentage. If you and the other party (or their insurance company) disagree on the percentages of fault, the case may go to court, where a judge or jury will decide.
Protecting Your Rights in a Comparative Negligence State
If you’re injured in an accident in Illinois, it’s vital to understand your rights and responsibilities under the state’s comparative negligence rules. Here are some steps to take:
- Gather evidence–Take photos, get witness information, and file a police report. The more evidence you have, the better your chance of minimizing your fault percentage.
- Seek medical attention immediately–This is important for your health and documents your injuries, which can be crucial evidence in your case.
- Avoid admitting fault–Be cautious about what you say at the accident site and when speaking with insurance companies. Even a simple apology can be used against you later.
Navigating the complexities of comparative negligence can be challenging. The best way to protect your rights and obtain the maximum compensation is to work with an experienced Illinois personal injury attorney.
The Takeaway
Comparative negligence can significantly impact your personal injury case in Illinois. Knowing how fault is assigned and how it affects your compensation is crucial for anyone involved in an accident. By taking proactive steps and seeking professional legal guidance, you can safeguard your rights and work toward a fair resolution.