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Illinois Negligence Law vs. Other States

Illinois Negligence Law vs. Other States

When traumatic accidents occur, it’s essential to determine who’s responsible for causing the damage. If the liable parties aren’t identified, injured victims can’t recover compensation. Although some accidents have obvious culprits, other accidents are more complex and take time to prove negligence. Occasionally, the injured victim can share fault in causing the accident.

If you were injured in an accident but were also partially responsible for causing it, you shouldn’t back away from pursuing a settlement. Most states still allow injured victims to sue the liable parties in their accidents even if they share fault. A Chicago car accident attorney from Lane & Lane, LLC can help you understand Illinois’ negligence law to determine whether you’re eligible to file a claim. 

Modified Comparative Negligence

Illinois follows modified comparative negligence to assess personal injury claims. As long as you’re less than 51 percent at fault for causing an accident in Illinois, you may file a claim against any other at-fault parties in your accident. Once the court determines your percentage of fault, that percentage will be deducted from your overall settlement.

For example, if you’re hit by a car while walking across the road and the court determines that you’re 30 percent at fault for your accident because you were jaywalking when you were hit, your settlement will be reduced by 30 percent. If your damages equal $80,000, you’ll ultimately receive $54,000.

Pure Comparative Negligence 

Some states followa pure comparative negligence law that varies slightly from states like Illinois. In pure comparative fault states such as California, injured victims can sue for damages regardless of their percentage of fault. It’s important for victims to assess the value of their damages in relation to their percentage of fault to determine if a claim is worth it.

For example, if an individual’s damages equal $15,000 and they’re 80 percent at fault for the accident, pursuing a claim may not be worth it because once 80 percent of fault is deducted from their settlement, they’ll receive just $3,000.

Contributory Negligence

A few states follow contributory negligence laws. This law is controversial because it bans any injured victims from pursuing compensation if they’re even 1 percent at fault for the accident in question.

The contributory negligence law makes it difficult for victims to receive compensation for their injuries because there are many scenarios in which an individual can contribute a small percentage of fault in a wreck even though the other party contributed a much larger majority of fault. 

Reach Out to a Chicago Car Accident Lawyer

If you’ve experienced an accident in Illinois, sharing fault in the accident won’t necessarily prevent you from obtaining a settlement. Discussing your situation with an experienced attorney from Lane & Lane, LLC can help you move forward with confidence and clarity.

If you’re ready to schedule a free consultation with a Chicago car accident attorney, call 312-332-1400 or visit our website for more information.

About the Author:

Lane & Lane LLC

At the personal injury law firm of Lane & Lane, LLC, we live by the ideal of doing the right thing. Our attorneys represent plaintiffs who have been injured by acts of negligence—whether that takes the form of a car accident, medical malpractice, or a slip-and-fall, we strive to achieve justice for our clients through obtaining financial compensation to cover their damages and losses. We believe in doing what’s right, and that motivates everything we do. Our Chicago personal injury lawyers take care of their clients. Working with our firm means that you’ll never have to question the motives of your attorney. We’re here to help you recover the most compensation possible—because... View full business profile here: Lane & Lane LLC

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