Can I File a Personal Injury Claim if I’m Partially at Fault?

Can I File a Personal Injury Claim if I’m Partially at Fault?

When accidents happen, the instinct to seek justice is natural. But what happens if you were partially at fault? Many people assume that if they played even a small role in the accident, they are automatically disqualified from seeking compensation. This is not necessarily true, especially in states like Illinois, where certain laws determine how fault affects compensation.

At SAM LAW OFFICE LLC, our lead attorney has spent years helping injury victims pursue compensation for their injuries, even victims who were found partially at fault. In this post, we’ll clarify Illinois’ legal framework regarding personal injury claims when the injured party is partially at fault, so you can gain a better understanding of your rights.

Understanding Illinois’ Modified Comparative Negligence Rule

Illinois follows what is known as the modified comparative negligence rule, specifically the 50% bar rule, as outlined in 735 ILCS 5/2-1116. This rule allows an injury victim to seek financial compensation, even if they share some responsibility for the incident, as long as their fault does not exceed 50%.

Key Points of the 50% Bar Rule

• If you are 50% or less at fault for the injury, you can still recover compensation.
• If your level of fault exceeds 50%, you are barred from recovering damages.

The flexibility of this system ensures that injured parties are not unreasonably excluded from receiving compensation.

How Will Fault Be Determined?

Assigning fault is a critical part of personal injury claims, and it can be more complex than it seems. It usually involves evidence collection, professional evaluations, and legal experience to make an accurate determination.

The Process of Determining Fault

1. Investigation by Insurance Adjusters:

Insurance companies typically begin by investigating the incident. This includes reviewing your account of the events, examining the other party’s version, and inspecting the scene of the incident.

2. Evidence Review:

Critical forms of evidence can shape the arguments around fault:

– Police reports can establish an objective record of what occurred.

– Witness statements provide third-party perspectives.

– Surveillance footage or photographs of the incident can highlight key details.

3. Analysis:

Sometimes, expert witnesses, like accident reconstruction specialists, are hired to assess the sequence of events.

4. Legal Arguments:

Finally, attorneys present arguments based on the collected evidence to establish fault percentages during negotiations or in court.

How Fault Affects Compensation

Once fault has been determined, the next step is to calculate compensation based on the plaintiff’s percentage of fault. Here’s a closer look at how this impacts recoverable damages:

Compensation Calculations

The settlement amount or awarded damages is reduced by the percentage of fault assigned to the plaintiff. For instance:

• Total damages awarded = $50,000
• Plaintiff’s fault = 20%
• Adjusted compensation = $50,000 – (20% of $50,000) = $40,000

By understanding how fault percentages affect outcomes, plaintiffs can make realistic decisions about whether pursuing a claim is worthwhile.

The Importance of Legal Representation

Navigating a personal injury claim, particularly in cases involving shared fault, can feel overwhelming. This is where a qualified personal injury attorney becomes indispensable.

How a Personal Injury Attorney Can Help

1. Case Assessment:

An attorney will analyze your case, gather evidence, and offer a professional opinion on your likelihood of success.

2. Negotiation Experience:

Attorneys know how to strategically negotiate with insurance companies, ensuring that fault percentages are assigned fairly and that you receive the maximum compensation possible.

3. Legal Representation:

If your case goes to court, legal representation provides strong defense and helps protect your rights.

4. Evidence Building:

Attorneys bring resources and connections for obtaining complex evidence (e.g., accident reconstructions or expert witness testimonies).

5. Peace of Mind:

Most importantly, partnering with an attorney allows you to focus on healing while they handle the legal intricacies of your case.

Take Action Today

In summary, even if you believe you are partially at fault for your accident, don’t lose hope— Illinois allows you to seek compensation as long as your fault is less than 50%. A strong personal injury attorney can help you explore your options and protect your rights.

SAM LAW OFFICE LLC is here to help. We take pride in turning complex legal battles into manageable solutions for our clients. Contact us today to schedule a consultation and find out how we can assist you.