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How Comparative Fault Works in Illinois

Posted By Pavich Law Group, P.C. || 15-May-2015

Dangerous accidents can happen in a split second and it can be difficult for those involved to determine just what caused the accident and who is responsible. There can often be multiple parties at fault—including the injured victim. When this happens, those hurt may feel that they're ineligible to pursue and receive compensation.

In Illinois, however, this isn't the case. In our state, matters of determining fault in civil cases is governed by a law call "comparative negligence" or comparative fault. With comparative negligence, assigning fault is not an all-or-nothing determination. Instead, a judge and jury evaluate the circumstances of the incident in question and divide fault in to a percentage. Those found at partial fault will have that percentage subtracted from the maximum awarded compensation they can receive.

To further explore how comparative fault works, let's look at a theoretical car accident incident. A jury has decided to award $100,000 to the victims of a collision:

· Driver A is found to be 20% at fault

· Driver B is found to be 80% at fault

· Therefore, driver A receives $80,000 in compensation

You'll notice that driver B, even though he was not fully at fault, does not collect compensation. This is because under Illinois' law, those found to be 51% at fault or more become ineligible to receive compensation.

Asserting Your Role in an Accident

On one hand, comparative fault offers critical flexibility for injury victims to pursue and receive relief in accidents that they may have accidentally contributed to. However, this flexibility also allows personal injury defendants to assert that victim's role in their own injury may have been larger than it actually ways—which could result in less compensation, or being shut out of receiving any money, period.

That is why it is so important to retain aggressive and thorough representation for your personal injury claim. The legal team at Pavich Law Group, P.C. brings over 70 years of collective experience to their clients' cases and, over that time, have recovered more than $50 million on their behalf.

Ensure the circumstances of your accident are accurately and emphatically put forth. Contact us to speak with a proven Joliet personal injury attorney today.

Categories: Personal Injury