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All personal injury cases require the opposing parties to prove negligence. In Illinois, even if you were hurt due to someone else’s negligence, that doesn’t mean you will receive compensation for your losses. It all depends on the circumstances of your case and how it occurred. You can visit websites on the topic to learn more.
Let’s see exactly why you can or can’t receive compensation in Illinois for your personal injury claim.
Understanding Personal Injury Laws in Illinois
The state of Illinois follows the traditional fault-based system, but this is where the comparative fault laws apply. In personal injury cases, such as car accidents, you need to prove that the opposing party owed you a duty of care, breached that duty, and since they breached it, it resulted in your injuries.
In car accidents, all traffic participants have a duty of care to one another. And this means following traffic rules, not driving while intoxicated, switching lanes recklessly, and other common things.
Suppose you pursue a personal injury claim against another driver. In that case, you need to prove that they were driving recklessly, broke traffic laws, and due to their negligence, it resulted in the accident which led to your injuries.
To prove this, you will need witnesses, police and medical records, pictures of the accident scene, your injuries, the damaged vehicles, and more. If you work with a personal injury lawyer, they can help you gather evidence and even work with other accident reconstruction experts to prove fault.
There is a situation where you can’t receive compensation even if the other party was negligent. Illinois follows the 51/49 percent comparative negligence law. This means that if you are discovered to be even slightly more at fault for the accident than the other party, then you won’t receive compensation.
If you are 50% at fault for the accident, then you will receive only half of your total compensation amount. If you are less than 50% at fault, then based on what percentage of fault was assigned to you, it will be deducted from the total amount of your compensation.
Working With a Personal Injury Attorney in Illinois
Since Illinois follows the 51/49 percent comparative negligence law, it is crucial to work with a personal injury attorney and prove fault, or else you risk not receiving any compensation or having a significant portion of your compensation cut off.
Let’s say you didn’t wear a seatbelt during your car accident. Then the insurance company might argue that you are responsible for a part of your injuries and might try to blame you, and make you accept a lesser settlement amount.
However, this reasoning cannot be used in court. In Illinois courts, accident victims, regardless of whether they are wearing a seatbelt or not, are entitled to full compensation for their injuries. Working with a personal injury lawyer can bring you a more significant guarantee that you will be compensated for your losses due to someone else’s negligence.
