Generally, whenever there is an accident, the law tries to find who is guilty so they can take responsibility. However, Illinois follows comparative fault rules, which implies that both parties may end up sharing the responsibility, especially if they both had a role to play in it.
What are the fault rules, and how do they affect making a personal injury claim in Illinois? Let’s find out.
What Is Comparative Fault?
Finding out who is responsible for an accident can be difficult, but it helps establish who should receive compensation. Whether it is a slip-and-fall in the kitchen, a wet department store floor, or a crazy car accident while on vacation, someone has to be at fault.
Sometimes, even more than one person may be responsible. In such a case, comparative fault is used to determine each party’s degree of fault in the incident. This makes it easier to determine who should receive compensation and how much they deserve.
How Comparative Fault Works in Illinois
Unlike other states, Illinois does not follow a direct principle of comparative fault where both parties share the blame. Instead, it adopts a modified comparative fault principle as its standard.
Under this principle, if the injured person is less than 50% at fault in the incident, they can receive compensation. However, the value of this compensation will decrease depending on how much at fault they are.
So, let’s say you are in a car accident, which was the other party’s fault, with you having a 20% fault. In that case, the other party’s insurance company has to pay you for any injuries and damages you suffered. But they can argue that the damages you get will be reduced by 20%, which is your responsibility in the incident.
On the flip side, let’s say you have 60% responsibility for the incident, like crossing the road without looking left or right. In such a circumstance, you are not entitled to any damages.
How to Figure Out the Degree of Fault in an Accident
The hardest part of resolving any personal injury claim is figuring out who did what and the extent of each person’s liability. There are many things considered when deciding the percentage of liability.
For instance, if it is a road accident, law enforcement may have to review traffic rules to determine who was at fault. If one party ran a red light or drove over the limit, they could be held to a greater degree of liability. Traffic cameras and dashboard cameras are other devices that may be used to determine who was at fault and to what extent.
Experts may be called in to analyze the accident scene in more complex situations to determine whether road conditions contributed to the incident. Witness statements and evidence from the crime scene, such as photographs, can also help determine which party is responsible for the incident.
After considering the above, parties usually head to a settlement with both insurance companies negotiating to see what’s fair. But if they cannot reach a settlement, parties may have to go to court for a judge to decide the degree of fault each person has.
How Fault Can Affect Your Personal Injury Claim
Usually, if you contribute to an accident, you may not get anything in damages because you played a role in it. But in Illinois, where the principle of comparative fault applies, you can still recover damages, even if you had a part to play in the accident.
However, you must be mindful of insurance companies when pursuing your claim. This is because they tend to argue that the injured person had more fault in the situation. That is why you need an expert accident lawyer when filing a claim.
What to Do If You’re Injured in Illinois
If you suffer an injury in Illinois, whether a home injury, an accident while out at dinner, or hiking during a holiday trip, it is important to know how negligence can affect your claims. If another party is responsible, they bear all the costs. But if you had some role to play in it, your compensation may decrease, depending on your role.
Since Illinois follows comparative fault rules, things may be more tricky here. So, it is advisable to get a lawyer if you want to get adequate compensation for your injuries.
An expert lawyer can help you fight allegations of negligence and gather sufficient evidence to prove that the other party was at fault. They can also help you get the most compensation out of the case and file it in court if it comes to that.
How Comparative Fault Cases Are Resolved
After concluding investigations, the insurance company may offer the injured person a settlement they deem appropriate. This is usually done after interviewing all parties and witnesses at the scene and reviewing the accident report. Things are this strict because insurance companies want to cut down on payout sums as much as possible.
If you disagree with their offer, you can contact the Illinois Department of Insurance. This department will then contact the insurance company and ask them to review the settlement sum.
But note that this department does not have the power to make them change their mind, especially in cases where comparative fault applies.
This is because comparative fault is a civil law matter that can only be enforced by a court. So, if you do not like the insurance company’s settlement offer, you can try bringing the matter before a judge.
Conclusion
Understanding how the Illinois comparative fault rule works is very important in case you ever need to pursue a personal injury claim in the state at any time. Remember, you can still recover damages even if you are partly at fault for the accident. The amount you get in compensation will only decrease, depending on your degree of fault. By working with professional personal injury lawyers, you can gather evidence to back your claim and improve your chances of getting a reasonable settlement.
