What Is Comparative Negligence in Illinois?
If you’ve been injured in an accident, the process of seeking compensation can sometimes become complicated, especially if both parties involved share fault. In Illinois, the legal concept of comparative negligence comes into play, which can affect the amount of compensation a victim is entitled to receive.
Comparative negligence allows for the possibility that more than one party may be responsible for an accident. Under this system, each party’s level of fault is determined, and damages are awarded accordingly. This article will help you understand how comparative negligence works in Illinois personal injury cases and what it means for your claim.
At Mitchell, Hoffman & Wolf, we have extensive experience handling personal injury cases involving comparative negligence. Our attorneys—J. Wesley Mitchell, Kenneth A. Hoffman, and Paul P. Wolf—are skilled at protecting the rights of injured individuals and ensuring they receive the compensation they deserve, even when they may share some responsibility.
Illinois Comparative Negligence Law
In Illinois, comparative negligence operates under the modified comparative negligence rule (735 ILCS 5/2-1116). This means that if you are partially at fault for the accident that caused your injuries, you can still recover compensation, but the amount you receive will be reduced in proportion to your degree of fault.
- 50% Rule: Under Illinois law, if your share of the blame is 50% or more, you are not eligible to recover damages. However, if you are found to be less than 50% at fault, you can still pursue compensation for your injuries.
- Percentage of Fault: The court or insurance company will assess each party’s level of fault in the accident. For example, if you were 20% responsible for the accident, your compensation would be reduced by that percentage.
For a more detailed explanation, refer to Illinois Comparative Negligence Statute.
How Comparative Negligence Affects Your Personal Injury Claim
When pursuing a personal injury claim under Illinois’ comparative negligence law, it’s important to understand how your actions can impact the amount of damages you can recover. Here are some examples to illustrate how comparative negligence may apply:
- Scenario 1: You were involved in a car accident and the other driver was speeding, but you were also texting while driving. If the court finds that the other driver was 70% at fault and you were 30% at fault, your damages will be reduced by 30%.
- Scenario 2: In a slip-and-fall case, you were injured after slipping on a wet floor at a store, but it was determined that you failed to notice the “wet floor” sign. If you are found to be 10% responsible, your damages will be reduced by 10%.
The Role of Insurance Companies and Comparative Negligence
Insurance companies play a significant role in determining liability and distributing compensation in personal injury claims. They will often assess fault using their own investigators and may try to assign a higher percentage of fault to you in an attempt to reduce their payout.
However, as experienced personal injury attorneys, we understand the strategies used by insurance companies. At Mitchell, Hoffman & Wolf, we are dedicated to ensuring that your level of fault is accurately assessed and that you are not unfairly penalized for the accident. We work closely with experts and gather all necessary evidence to strengthen your case.
Defenses Used by the Opposing Party
In some cases, the opposing party may try to reduce their own liability by alleging that you were primarily or entirely responsible for the accident. Common defenses include:
- Contributory Negligence: The defendant may argue that your actions were the primary cause of the accident, attempting to shift the blame entirely onto you.
- Assumption of Risk: The defendant might argue that you voluntarily accepted the risks associated with the activity that caused the injury.
These defenses can significantly impact the outcome of your case, which is why it’s crucial to work with a skilled attorney who can counteract these claims and protect your interests.
How Mitchell, Hoffman & Wolf Can Help with Your Comparative Negligence Case
Mitchell, Hoffman & Wolf has extensive experience in personal injury cases involving comparative negligence. We know how to evaluate the facts, investigate the scene of the accident, and collaborate with experts to ensure your fault percentage is accurately assessed. Our attorneys will advocate for your rights and work to maximize your compensation, even when the other party tries to assign you partial fault.
By working with our team, you can rest assured that your case will be handled with the utmost professionalism and expertise. Our legal team is committed to achieving the best possible outcome for you, no matter how complex the situation may seem.
Conclusion: Contact Mitchell, Hoffman & Wolf for Assistance in Comparative Negligence Cases
If you’ve been injured in an accident and are concerned about the role comparative negligence may play in your case, it’s essential to consult with an experienced personal injury lawyer. At Mitchell, Hoffman & Wolf, we are dedicated to helping victims navigate the complexities of Illinois personal injury laws.
Contact us today to schedule a consultation and discuss your case with one of our experienced attorneys. We will work hard to ensure that you receive the compensation you deserve, regardless of the degree of fault assigned to you.
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- Hospital bills
- Rehabilitation expenses
- Ongoing treatment and medications
By understanding these factors, you can better assess the potential worth of your personal injury claim in Illinois.
Contact our team today for a free case assessment to learn how our team of experienced lawyers can help.
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