If you have been involved in an accident or were injured through the fault of another, you may have grounds for a personal injury claim against the liable party. But if you have done something to contribute to the accident, you may be hesitant to come forward. Sharing fault for an accident is not uncommon, and injury victims may still be entitled to financial compensation in these cases.
Continue reading to learn more about the state’s negligence laws and to take a closer look at how contributory negligence could have an influence on your case.
How Shared Fault Works
Illinois is a modified comparative fault state regarding personal injuries. This means that if you are partially responsible for causing your accident or injuries, you can still recover some compensation for your suffering. However, this is only true if your portion of fault does not meet or exceed the fifty percent threshold.
Once your portion of fault has been established, you can expect to have your award reduced by this percentage of fault. Let’s take a closer look at an example of Illinois’ comparative negligence law in action.
Case Study: Comparative Fault in a Personal Injury Lawsuit
Brad was driving down I-290 when he was suddenly struck by an out-of-control drunk driver. He suffered a traumatic brain injury as a result of the accident. He filed a civil claim against the drunk driver seeking maximum compensation for his losses.
In court, it is discovered that Brad was not wearing his seatbelt at the time of the accident. The judge finds that Brad is partially responsible (ten percent) for his injuries, as he chose to not wear a seatbelt, which could have afforded him some protection.
The court awards Brad $250,000 for his damages, but because he is ten percent at fault for his injuries, his award is reduced by ten percent, and Brad goes home with $225,000.
Meet with a Personal Injury Lawyer in Illinois
Whether you are partially liable for the injuries you sustained or share zero fault, when someone else causes you serious injury, you have the right to hold them accountable.
Contact a qualified personal injury lawyer at Lane & Lane, LLC to discuss your options for financial recovery. We can be reached by phone at 312-332-1400 or through the convenient contact form we have included below.