Understanding Comparative Negligence in Illinois: What You Need to Know
In personal injury cases, the concept of comparative negligence plays a crucial role in determining the amount of damages a plaintiff can recover. In this blog post, we'll break down comparative negligence, specifically in the context of Illinois law.
What is Comparative Negligence?
In Illinois, we operate under a comparative negligence system. But what exactly does that mean?
In simple terms, comparative negligence is a legal principle used by the courts to determine the amount of damages a plaintiff can recover in a negligence-based claim, taking into account the degree of fault assigned to each party involved in the incident or accident.
How is Comparative Negligence Applied?
Suppose you, as an injured victim, bear some responsibility for your injuries due to your own negligence. In that case, the court may assign a percentage of fault to both you (the plaintiff) and the defendant (the party you're holding responsible). Here's an example to illustrate how it works:
Imagine a scenario where the court assigns 60% fault to the defendant and 40% fault to you, the injured plaintiff.
In this situation, the principle of comparative negligence comes into play. Instead of being entitled to the full amount of damages, you can only recover 60% of the total damages. This reduction accounts for the portion of fault attributed to you in the incident.
Why Comparative Negligence Matters
Comparative negligence is designed to ensure fairness in personal injury cases. It recognizes that accidents or incidents may involve shared responsibility. By assigning fault proportionally, the courts strive to achieve a balanced outcome that accounts for the actions and negligence of all parties involved.
How It Impacts Your Insurance Claim
Understanding comparative negligence is crucial because it directly affects the potential compensation you may receive for your injuries or damages. If you believe you have a valid claim but were also partially at fault, it's essential to consult with a knowledgeable attorney who can assess your case, and help navigate the legal complexities surrounding comparative negligence.
Final Thoughts
In Illinois, comparative negligence plays a significant factor in personal injury claims. It operates on the principle of assigning fault based on the degree of negligence exhibited by each party involved. Understanding this will help you understand the potential impact it can have on your claim when seeking fair compensation for your injuries.
Working with the experienced team at Abdallah Law Trial Attorneys, can provide invaluable guidance in navigating comparative negligence and ensuring your rights are protected throughout the legal process.
If you have any questions or require legal assistance, reach out to our dedicated team. We’re here to help you understand your rights and pursue the best outcome possible. Contact us today. 312.229.0008
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Laws regarding comparative negligence can vary by case. Consult with the legal team at Abdallah Law Trial Attorneys to understand the specific laws and regulations applicable in your area.