Illinois follows a modified comparative negligence model. Under this system, personal injury victims can seek compensation from at-fault parties according to their liability. If a victim is not more than 50 percent responsible, they can recover compensation, but their award will be reduced by their percentage of fault. If the court or jury determines a victim is more than 50 percent responsible, they cannot recover financial awards.
If you are hurt and decide to pursue an injury claim, you must understand how comparative negligence could affect the money you receive. An experienced personal injury attorney can help protect you against blame for the accident.
How Does Comparative Negligence Affect Compensation?
Personal injury claims hinge on fault. A party is at fault if their negligent actions cause another person injuries and monetary losses. All those involved in the accident are financially responsible for the related losses based on their degree of fault.
So, for example, say you suffered injuries in a sideswipe car accident caused by a driver who was passing improperly, but you were also speeding at the time. The court or jury may determine that the other driver is 80 percent liable for the crash, but you bear 20 percent of the blame. In Illinois, this means that if you have $100,000 in losses, your award would be reduced to $80,000 due to your percentage of fault.
In addition, a modified comparative negligence system bars anyone more than 50 percent at fault from seeking damages from other involved parties. This model differs from pure comparative negligence. Under that model, victims can seek compensation from others involved even if they are 99 percent at fault.
How to Establish Negligence
Because placing blame on a plaintiff is financially advantageous for a defendant, they (or, more likely, their insurer or attorney) will look for reasons to blame you for your accident. Therefore, it is essential to build a strong case proving another party’s negligent actions caused your injuries.
Negligence will vary depending on the type of accident that hurt you but may include violating traffic laws, failing to maintain safe property conditions, or failing to protect workers from hazards. To support negligence claims and refute any allegations against you, you will need evidence, which may include:
- Police reports or accident reports
- Medical records
- Eyewitness statements
- Cell phone, surveillance, or dashcam video
- Cell phone records
- Photographs and physical evidence from the accident scene
- Expert testimony
Contact a Personal Injury Lawyer Serving Illinois
If you suffered a personal injury in Illinois, it will benefit you to work with an attorney who can protect your rights. Greg Shevlin is a seasoned personal injury attorney. He knows how to get full and fair financial awards for clients’ medical expenses, lost wages, pain and suffering, and more.
We handle all types of personal injury cases, including car accidents, truck accidents, workplace accidents, and premises liability cases. We serve clients on contingency, meaning we only charge attorney fees once we obtain compensation for you. Call Bartholomew, Shevlin & Flack, LLP, or contact us online for a free, no-obligation consultation and connect with a lawyer serving Southern Illinois and Missouri today.