Understanding Comparative Negligence in Illinois Law
Finding the responsible party is crucial in the event of any kind, whether a slip and fall or a car accident so that the injured party can receive the support they require to heal effectively. Make sure to contact Tuite Law to get the best help.
For you to understand how fault is assigned and present the strongest possible defense for yourself in the event of an accident or injury, we will be talking about what the Comparative Negligence law in Illinois is and how it functions. You cannot be too equipped, and it is always a good idea to be familiar with how things operate.
Illinois Comparative Negligence
Legislation known as comparative negligence is utilized in many states to assess each party’s level of fault in such an accident and to determine which parties are eligible to receive compensation based on carelessness or fault. The statute is followed in Illinois, where the ratio is set at 51/49 percent. Damages may be awarded to the plaintiff if they are at less fault than the opposing party.
For instance, if a car accident occurs and someone was going left from a stoplight into a busy roadway when it was clear for them to do so. Still, someone was approaching from the right, driving twenty miles per hour over the legal speed, and hit the individual turning. Both parties are responsible. However, the speeding individual may be held more accountable than the one who turned when it was clear.
Ratio of Liability
There are several ways to look at comparative negligence; Illinois merely uses one of them, and it is termed modified comparative fault. Their degree of liability is a crucial consideration when estimating the amount of compensation they could receive for damages.
If you are in an accident and are found to be 50% responsible, but the cost of your losses is $100,000, you will only be approved for $50,000 because you were partially to blame. Therefore, it stands to reason that the greater your share of the cash at the moment of disbursement, the less culpability you carry.
Accidents, by definition, are never anticipated and constantly dreadful when they occur, regardless of how big or small. However, being better equipped for when one occurs is not bad, and it is crucial to be aware of the state’s rules regarding culpability and carelessness.
Of course, you should always conduct more research and may want to speak with a lawyer to assist you in navigating the complex legal landscape of personal injury, but in the end, if you are not at fault, you will get the settlement you deserve.