In many accidents, more than one person is at fault, and that is why you should read about Illinois comparative negligence, explained by a Chicago car accident lawyer.
If you are in a car accident but contributed to the incident in some way, you may still seek compensation in some situations. Each state sets its own rules on comparative negligence, and Illinois follows the 50% rule.
How Comparative Negligence Works in Illinois
Illinois follows a modified comparative negligence rule. This means that those who are less than 50% at fault can still seek compensation from the other party. If they are 51% or more at fault, that bars them from seeking any compensation. Let’s see how that matters.
Two drivers are in an accident. One is found to be 30% at fault and the other 70% at fault based on the circumstances of the accident. In this situation, only the person 30% at fault can file a claim against the other driver’s liability insurance policy. The other driver, at 70% at fault, cannot file a claim against the other party’s insurance.
However, comparative negligence also reduces the amount of compensation the party receives. In this situation, the driver who is 30% at fault sees their compensation reduced by 30%. If they incurred $100,000 in medical bills and lost wages, they could only file a claim for $70,000 of that amount.
In this situation, both parties contributed to the accident, but one did so significantly more than the other. That means the other party can seek compensation for losses not associated with their actions.
Who Decides on Comparative Negligence Percentages?
In comparative negligence situations, the big question is who assigns the percentage of fault. In most situations, it is the insurance company. They make this decision based on the information they obtain about the accident. Insurance companies will interview both parties, gather evidence from police reports, and even speak to witnesses to clarify fault.
The insurance company reviews the accident report and then makes a decision. You can accept what they tell you and move on, receiving the damages they expect to pay based on the percentage of fault level against you. That does not always work, though.
The insurance company determines the percentage of fault based on all these factors, but that is not always ideal. If the insurance company believes its policyholder is not at fault or that the other party was more than 50% at fault, it could deny compensation.
Negotiating with the Insurance Company
There are situations where the insurance company gets it wrong. Additional information or better data could indicate that their initial decision was inaccurate. In those situations, you have options.
Most of the time, there will be a process of negotiation between the insurance companies involved, as well as with your attorney, if you hired one. In serious accidents with significant injuries, getting these details right is critical but challenging. It is not always simple to encourage the insurance company to pay you more.
It is very important to know that negotiating with the insurance company is your right. However, it is also a limited-effectiveness practice if you do not know how to present critical information effectively or build your case. This is where your attorney becomes a critical asset in these situations.
How an Attorney Helps You with Comparative Negligence in Illinois
When you are in an accident in which someone else caused your injuries, hiring a personal injury lawyer is an important investment. It allows you to gain clarity on your rights. Your attorney will help you in numerous ways:
- Gather evidence from the accident. Your attorney will seek insight into all of the data available to demonstrate fault. This includes pursuing data beyond the police report, such as bringing in witnesses and experts who can offer better insight.
- Dispute claims of fault against you. Not only does your lawyer help find evidence to show the other party is at fault, but they may also work with you to determine what evidence shows you were not at fault. That may include using accident reconstruction efforts or medical documentation to demonstrate you could not be at fault.
- Maximizing your claim value. Your attorney also works to maximize the amount of compensation available to you by looking at all of your injuries. Demonstrating your losses in more detail helps keep more money in your claim.
In most situations, your personal injury attorney will come to an agreement with the insurance company over fault and what level of compensation you are owed. Most often, that means reducing any fault attributed to you to the lowest level possible if they cannot prove you were not at fault.
Going to Trial Could Happen, and It Does
There are some situations where the insurance company refuses to agree to the terms. They may not believe they owe you the compensation, or just stall in making a decision. Your lawyer can then file a lawsuit.
The act of filing a lawsuit initiates a discovery process in which the insurance company’s legal team must investigate and make decisions. During this discovery process, they will interview you and others to gather additional information. Most of the time, a decision to settle becomes clear, and the process ends.
There are times when comparative negligence claims and disputes can lead to an actual trial. Your attorney will represent you in this process, building a strong claim for your right to compensation. Choose a trial-experienced attorney to guide you through this process.
Do Not Hesitate to Seek a Free Consultation with Our Illinois Personal Injury Attorney
At Charlie Therman Injury & Accident Lawyers, P.C., we believe in fighting for our clients and their best possible outcome.
If you have injuries and losses caused by the actions of others, it is time to seek legal action. Set up a free consultation with us to discuss your needs. Our Illinois personal injury attorney can help you establish the value of your case while understanding comparative negligence.
