If you have been personally injured as a result of someone else’s careless conduct, you can take legal action to pursue compensation for your harm. Understanding the rights of accident victims, including comparative negligence, is critical.
Generally, after a personal injury, you will need to establish by a preponderance of the evidence that the defendant owed you a duty of care, the defendant failed to abide by the duty of care, you would not have been hurt but for the defendant’s carelessness, the accident was reasonably foreseeable, and you suffered actual injuries and losses.
But if both parties share responsibilty for the accident, there is a way for you to receive compensation. It’s called comparative negligence.
What is Comparative Negligence?
Comparative negligence is a legal term meaning that the parties both played a part in the injury or property damage. The ruling determines the percentage at fault of each party.
So Who is at Fault?
Illinois comparative negligence follows a modified form of comparative negligence. If both a plaintiff and a defendant have contributed to an accident, the jury may be asked to determine the plaintiff’s damages and also assign a percentage of fault to both parties.
Under 735 ILCS 5/2-1116, a victim still may recover damages despite acting carelessly, as long as he or she was less than 50% responsible for the accident.
For example, if the defendant ran a stop sign and is found to be 75% at fault, but the plaintiff was speeding and is found to be 25% at fault, the plaintiff may be able to recover three-quarters of the total costs associated with the accident from the defendant.
Consult a Personal Injury Attorney As Soon As Possible
If you can establish the defendant’s liability, you can potentially recover compensation for medical bills, lost income, lost enjoyment of life, pain and suffering, other elements of economic damages, and non-economic damages. It is important to consult an attorney as soon as possible so that you can gather all of the necessary evidence to build a persuasive case.
Contact Jim Ackerman at 217-789-1977 for a free consultation about your personal injury case.