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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.
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 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
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.
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