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You can recover for injuries suffered in an Illinois car accident, even if you are partially at fault PowerPoint Presentation
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You can recover for injuries suffered in an Illinois car accident, even if you are partially at fault - PowerPoint PPT Presentation


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Is it possible to recover the injuries suffered in an accident in Illinois if someone is partially at fault!! It is possible, but not easy. If the plaintiff is at fault upto 25% or responsible for his inuries then the amount of recovery will be reduced by 25%. Let say the total amount is $1000, if you are 25% responsible then the amount left $750 after reducing the 25% . But if the plaintiff is responsible 50% for the injuries then he would not be able to get any recovery. Read about the recent settlement in this blog.

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you can recover for injuries suffered

You can recover for injuries suffered in an Illinois

car accident, even if you are partially at fault!

Pic Credit: drphillipschiro.com

Our office recently received a call from the victim of an automobile-on-pedestrian accident.

The victim of the accident walked out from behind a bus and entered the cross walk without

looking for cars. He was subsequently struck by a passing car and suffered a broken leg.

He inquired of our office whether he could still recover for his injuries even though he may

have been partially at fault for the accident. This fact scenario raises a good question. Can

someone recover for injuries suffered in an accident where they were at least partially at

fault? The answer is — it depends — but it is possible.

illinois is like many states in that it weighs

Illinois is like many states in that it weighs the “comparative fault” of the parties to a Chicago

car accident in order to determine whether the victim of an accident can recover for his or

her injuries. But it’s not easy. In this economic climate, insurance companies are not in a

settling-mood. More and more insurance companies are fighting traditional liability claims

where they might have otherwise assumed liability quickly. This prolongs litigation and

increases your attorney’s expenses. This is particularly true for cases where liability is

disputed and/or shared.

So what does “comparative fault” mean and at what point are you NOT entitled to recover

for your injuries? In short, a plaintiff (the party bringing the lawsuit) is at fault for his own

injuries if he was negligent and his negligence contributed to his injuries. Pursuant to Illinois

statute 735 Ill. Comp. Stat. Ann. § 5/2-1116, the plaintiff will thus be barred from recovering

damages if he is more than 50% at fault for his injuries.

What does this mean to the victim? Let me explain by an example: Suppose you bring a

lawsuit against the driver of another car who hit you. The jury finds that the other driver is

75% responsible for the accident, that you are 25% responsible, and then awards you

$1,000.00. Since you are 25% responsible for the action, your award is reduced by 25% or

$250.00. Your total recovery would therefore be $750.00. If the jury found that the plaintiff

was more than 50% responsible for his injuries, he would not be entitled to any recovery at

all.

The Chicago Legal Group refers our personal injury cases to Chicago automobile accident

lawyer Paul Wolf. Mr. Wolf has extensive experience dealing with the comparative

negligence maze. If you or a loved one has been involved in an injury where you may be

partially at fault, you should contact our office immediately to protect your rights.

Recent settlement!

Mr. Wolf recently litigated a case involving comparative negligence. Mr. Wolf’s client’s car

broke down in the middle of the road during rush hour. The defendant driver was not paying

attention and negligently rear-ended the plaintiff’s stalled car killing her. Sounds like an

open and shut case doesn’t it? However, the plaintiff was also potentially negligent. The

plaintiff failed to adequately care for her car resulting in the malfunction that caused the car

to become stranded in the road way. In addition, the plaintiff was under the influence of an

illegal substance when the accident occurred. As such, she was comparatively responsible

for part of her own injuries. Despite these challenges, Mr. Wolf was able to settle the claim

for $1.3 million dollars.

For immediate assistance from a car accident lawyer or for any other accident where you

may need a personal injury lawyer, contact Paul Wolf through the Chicago Legal Group by

clicking here or telephone us at 312-848-9783.

Content Source: ​​Blog- Chicago Legal Group