Can I Recover Damages if I Was Partly At-Fault for an Injury?

 Posted on September 03, 2021 in Personal Injury

Illinois personal injury law, or tort law, deals with injuries against people and property. Personal injury lawsuits are often based on the legal theory of “negligence.” In the context of a lawsuit, negligence means the failure to uphold a legal duty. For example, the owner of a restaurant has a legal duty to ensure that the property is in reasonably safe condition and does not pose a risk of injury to restaurant guests. Similarly, the owner or possessor of a newly constructed building has a duty to ensure that the structure meets the relevant building codes. Negligence also applies to car accident and truck accident cases. A driver may act negligently by driving too fast for the weather conditions. A trucking company may act negligently by failing to maintain the trucks.

If you were hurt because of another party’s negligence, you may wonder, “What if the accident was partially my fault?”

Comparative Negligence in Illinois Accident Cases

States each handle personal injury cases involving shared fault differently. Most states follow some form of “comparative negligence.” The standard used for Illinois personal injury cases is “modified comparative negligence.” Under this standard, an injured person may still be entitled to financial compensation for damages as long as he or she is less than 50 percent at fault for his or her injury.

Shared fault for an accident or injury is not uncommon in personal injury cases. We often think of shared fault accidents in the context of car crashes. For example, one driver may have run a red light but the other driver was also speeding. Shared fault can also apply to slip and fall accidents or other premises liability cases. For example, a woman who was texting and walking when she fell and injured herself may be considered partially responsible for the severity of the fall. However, as long as the injured parties are considered less at fault than the defendant, the injured parties may still be entitled to damages.

How Does Shared Fault Impact a Personal Injury Payout?

If an injured person is partly at fault for his or her own injuries, he or she may still recover partial compensation. According to Illinois law, the amount that an injured person may receive for medical bills, lost wages, and other damages are limited by his or her own negligence. If a driver is considered to be 15 percent responsible for a crash that caused $100,000 in damages, he or she may still be entitled to $85,000.

Contact a Barrington Personal Injury Lawyer

If you or a loved one were hurt in a car crash, slip and fall accident, or another incident caused by negligence, you may be entitled to compensation for damages. To learn more, contact the knowledgeable Cook County personal injury attorneys at Barrington Injury Attorneys. Call 224-900-HURT for a free, no-obligation consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116