The most common cause of serious injuries, wrongful death, and traffic fatalies in Illinois and throughout the United States are automobile accidents. Whether it is a single car accident, an incident involving multiple vehicles, or truck accident or motorcycle accident, you may be able to recover financial compensation by filing a Personal Injury lawsuit.
According to Illinois statute 735 ILCS 5/2-1116(c):
The plaintiff shall not be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is not more than 50% of the proximate cause of the injury or damage for which recovery is sought, but any economic or non-economic damages allowed shall be diminished in the proportion to the amount of fault attributable to the plaintiff.
This means that amount of compensation, damages, or money you will receive depends on who bears responsibility for the accident. The State of Illinois uses modified comparative negligence as a standard for recovery of damages, which stipulates than an injured person may only recover damages if they are less than 50 percent at fault. For example, if the other driver was 80% at fault and you were 20% at fault, you may be able to collect damages because you were less than 50% at fault; however, you may only receive 80% of the damages because you were 20% at fault.
Determining the amount of fault for each driver can be very involved and you may not agree with the other insurance company’s settlement offer. If you believe you are entitled to more compensation that what is being offered, you should consult Personal Injury lawyer David N. Rechenberg to find out if you have a good accident case. Over the past 25 years, David has recovered millions for car accident and personal injury victims and based on his vast experience, has written a free book for victims of IL car accidents. Order your copy today!