Wondering How Sharing Fault Could Affect Your Personal Injury Claim? In Illinois, it Matters. Contact Schierer & Ricthie LLC Today for a Free Consultation.
If you’ve been injured in an accident in Illinois, you might be wondering how your compensation could be affected if you’re partially to blame. The answer lies in Illinois’ Comparative Fault Rule, a legal principle determining how liability is shared among parties involved in a personal injury case. Understanding this rule is crucial, as it directly impacts the compensation you may receive.
Contact Schierer & Ritchie, LLC, today for a consultation, and let us help you confidently navigate your personal injury case.
What Is the Comparative Fault Rule?
The comparative fault rule (also known as comparative negligence) is a legal doctrine used to allocate responsibility and damages in personal injury cases where more than one party is at fault. Under this rule, an injured party (the plaintiff) can still recover damages even if they share some blame for the accident, but their percentage of fault will reduce their compensation.
Illinois’ Modified Comparative Fault System
Illinois follows a modified comparative fault system. Here’s how it works:
- You can recover damages if your fault is 50% or less.
- If you are found to be 51% or more at fault, you are barred from recovering any compensation.
- Your percentage of fault reduces your compensation.
- For example, if you are awarded $100,000 in damages but found to be 30% at fault, your compensation will be reduced by 30%, leaving you with $70,000.
How Comparative Fault Works in Practice
To better understand how the comparative fault rule might apply, let’s look at a few scenarios:
Scenario 1: Car Accident
You’re involved in a car accident where another driver runs a red light and crashes into your car. However, evidence shows that you were speeding during the accident.
- Jury’s Determination:
- The other driver is found to be 80% at fault for running the red light.
- You are found to be 20% at fault for speeding.
- Damages:
- You are awarded $50,000 in damages.
- Since you are 20% at fault, your compensation is reduced by 20%.
- You receive $40,000.
Scenario 2: Slip and Fall
You slip and fall in a grocery store on a wet floor, sustaining injuries. However, security footage shows you were distracted by your phone and did not notice warning signs.
- Jury’s Determination:
- The store is 70% at fault for failing to clean up the spill or place adequate warning signs promptly.
- You are 30% at fault for not paying attention.
- Damages:
- You are awarded $20,000.
- Since you are 30% at fault, your compensation is reduced by 30%.
- You receive $14,000.
Scenario 3: Pedestrian Accident
You’re hit by a car while jaywalking, sustaining significant injuries.
- Jury’s Determination:
- The driver is found to be 40% at fault for not yielding.
- You are found to be 60% at fault for jaywalking.
- Damages:
- You are barred from recovering any compensation because you are more than 50% at fault.
Key Factors in Determining Fault
In a personal injury case, determining fault involves analyzing several factors, including:
- Eyewitness Testimony
- Witnesses can provide valuable insights into the accident and who may have been at fault.
- Police Reports
- Police reports often contain crucial details about the cause of car accidents and other incidents, such as any citations issued.
- Physical Evidence
- Skid marks, surveillance footage, and damaged property can help establish fault.
- Expert Testimony
- Experts such as accident reconstruction specialists may be brought in to provide an unbiased analysis of the events.
- Statements from Involved Parties
- What you say immediately after an accident can be used to assess fault. Be cautious about admitting fault or making statements without consulting an attorney.
How Comparative Fault Affects Insurance Claims
Illinois’ comparative fault rule also applies during insurance claims. Insurance adjusters will evaluate the circumstances and assign a percentage of fault to each party involved. Keep in mind:
- Insurance companies may try assigning a higher percentage of fault to reduce liability.
- An experienced personal injury attorney can help ensure that fault is reasonably assigned and you receive the compensation you deserve.
Defenses Against Comparative Fault
If you are pursuing a personal injury claim and the other party attempts to shift blame onto you, your attorney can help challenge this. Here are some common defenses:
- Disputing Evidence
- Your attorney may argue that the evidence does not support the percentage of fault assigned to you.
- Proving the Other Party’s Greater Fault
- Demonstrating that the other party’s actions were significantly more negligent can help reduce your share of fault.
- Challenging Credibility
- If the other party’s version of events is inconsistent or lacks credible evidence, your attorney can use this to your advantage.
Why You Need a Personal Injury Attorney
Navigating the complexities of Illinois’ comparative fault rule can be challenging, especially when a fault is disputed. An experienced personal injury attorney can:
- Gather and present evidence to establish fault reasonably.
- Negotiate with insurance companies to ensure you aren’t assigned more fault than warranted.
- Advocate for maximum compensation, even if you share some degree of fault.
Contact Schierer & Richie LLC Today
Illinois’ comparative fault rule is critical in determining the outcome of personal injury cases. Understanding how it works can help you set realistic expectations and prepare a strong case. If you’ve been injured in an accident, don’t leave your compensation to chance.
Contact Schierer & Ritchie, LLC, today for a consultation, and let us help you confidently navigate your personal injury case.