Comparative negligence laws outline how financial responsibility for an accident will be shared. Comparative negligence can affect how much compensation you can receive if you suffered injuries in a motor vehicle collision.
Our firm’s car accident lawyer in Belleville, IL, can explain comparative negligence and help you build a solid personal injury claim.
What Is Illinois’ Comparative Negligence Law?
Illinois’ comparative negligence law states that personal injury victims (plaintiffs) can seek compensation from a liable party (defendant), as long as the victim is not more than 50 percent responsible for the accident that harmed them.
If a victim is less than 50 percent at fault, they can pursue their losses, but their compensation will be reduced by the percentage of responsibility the court or jury assigns them.
How Does Comparative Negligence Affect Motor Vehicle Accident Compensation?
Comparative negligence can reduce the amount of money you can receive for your motor vehicle accident or negate your right to seek compensation altogether.
For example, if another car t-boned you, but you were speeding at the time of the crash, a court or jury may find you were 20 percent at fault. If you have $100,000 in losses, you would receive $80,000, which is the amount of your damages minus your degree of responsibility. However, if the court or jury finds you 51 percent at fault or more, you cannot receive any compensation from the defendant.
Insurance companies will consider comparative negligence when offering you a settlement, so the law will affect your case, even if you expect to settle without taking legal action.
What Compensation Can I Seek for a Motor Vehicle Accident Injury?
Every motor vehicle accident claim is unique, and the compensation you can recover will depend on factors specific to you and your case. In general, you can seek money for:
- Current and future medical expenses
- Lost income
- Lost future earning capacity
- Physical pain
- Mental anguish
- Emotional suffering
- Lost quality of life
If someone you love suffered a fatal crash injury, their survivors may be eligible to seek wrongful death compensation on their behalf. Compensation may include medical bills, funeral and burial expenses, and the loss of your loved one’s support and services.
How to Prove Negligence in a Car Accident Case
Proving negligence means showing that another party’s careless or irresponsible behavior caused the accident. Examples of negligent driving include:
- Speeding
- Drinking and driving
- Texting and driving
- Failing to yield the right of way
- Running a red light or stop sign
- Tailgating
- Illegally turning
- Illegally passing
You must support your negligence claims with evidence, including medical records, police reports, and eyewitness statements. You may also have to combat allegations that you are responsible, which a defendant may use to try to reduce the amount they owe you under Illinois’ comparative negligence law.
How Long Do You Have to File a Claim?
Illinois’s statute of limitations for filing a personal injury lawsuit is two years in most cases. However, there can be a shorter deadline depending on the facts of your case. If this deadline expires before a lawsuit is filed, the court will bar you from taking legal action. An expired time limit will also affect insurance claims because if you cannot sue, you lose your bargaining power over the insurance company.
Contact Bartholomew, Shevlin & Flack, LLP for a Free Consultation
Bartholomew, Shevlin & Flack, LLP handles motor vehicle accident claims involving car collisions, truck accidents, and motorcycle accidents. If an at-fault driver injured you, we can help you build a solid case proving they acted negligently. We can also defend you from allegations that your behavior caused the crash.
Contact us online or call now to learn more about working with our lawyer serving Illinois. The call is free, and we do not charge upfront or out of pocket for our services.