What Factors Affect the Amount of Damages Received After a Car Crash?

 Posted on September 29, 2020 in Car Accidents

In Illinois, any person found “at fault” in an incident involving bodily injury or physical damage to property will be held liable to pay the other party. This is common when determining liability for car accident damages and injuries. However, this does not always mean that a court will order one party to fully cover another’s losses. Instead, some limitations can greatly affect the amount of compensation the liable party will owe, so it is important to understand what those restrictions are. If you have any questions or concerns regarding a personal injury case, speak with an attorney knowledgeable in Illinois tort laws to protect your rights to compensation.

Illinois Code of Civil Procedure

The Illinois Code of Civil Procedure clarifies how Illinois’ tort liability laws are applied in a settlement. Although a theoretical definition of tort laws suggests that one party may be at fault while the other receives compensation from the responsible party’s insurance company, real-world cases tend to entail negligence from both parties involved in an accident. This does not instantly disqualify a plaintiff from receiving compensation after an accident. Instead, he or she just has to prove that the other party was more than 50 percent at fault. 

If the plaintiff can prove to a court that the other party was more than 50 percent at fault, he or she will be eligible for compensation. However, the amount he or she will receive will be proportional to the other party’s degree of fault. For example, if one party is 60 percent at fault and the other party is 40 percent, the first party is liable to compensate the second for damages but only pay 60 percent of what he or she would have been eligible for if the first party was 100 percent at fault.

Statute of Limitations

In Illinois, any damages for which accident victims are eligible to be compensated could be nullified if they do not file their case within the statute of limitations. The statute of limitations is two years from the date of a motor vehicle accident and five years after property damage. If plaintiffs try to file after these time limits, a court will not hear or resolve their cases.    

Contact a Barrington Personal Injury Lawyer

Car accidents are stressful, but it is not a good idea to rush through the legal aftermath. Receiving your fair share of compensation may take a long time even with a strong defense in court, and you should prepare accordingly with a skilled Cook County car accident attorney. At Barrington Injury Attorneys, we have experience assisting clients in cases related to car accidents, uninsured motorists, motorcycle accidents, truck accidents, and other areas of Illinois personal injury law. To learn how we can assist you and to schedule a free consultation, call us today at 224-900-HURT.

Source:

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