You were injured in an auto accident in Rockford. The first step would be to call 911 for medical assistance, following which you must inform the local law enforcement. It’s important to stay at the scene and take photos of everything that matters, including your injuries. You should also inform your insurance company without delay, and as you wait for the police to arrive, use the time to get the contact and insurance info of the drivers involved in the accident. Once you get medical attention and feel okay, you should consult a personal injury lawyer Rockford to know your claim better. Your lawyer may talk about comparative fault, which can be hard to understand. Here’s a quick recap of the law for your help.
Understanding the key aspects
While the basic aspects of personal injury law remain the same in most states, there are some major differences too. If you decide to sue the at-fault party for compensation, you will need to file a personal injury lawsuit. The eventual settlement depends on a number of factors, including your fault. Auto accidents are often complicated. It could have happened because of various factors – road conditions, weather conditions, speed of the different vehicles, and drivers’ actions. When there are two drivers at fault, Illinois courts follow the modified comparative negligence rule.
What does the “modified comparative negligence” rule mean?
If an injured person was also found to be partially responsible for the accident, their ability to recover a settlement depends on their fault share. In states like Illinois that follow the modified comparative negligence rule, a person can only seek a settlement from the other at-fault party if their fault share is 50% or less. Also, the compensation they recover would be reduced according to their fault percentage.
How does that work?
Let’s take an example – You were injured in an auto accident and were found to be 20% at fault. In such circumstances, you can still file a lawsuit. Now, let’s assume that you received $100,000 in a settlement. However, since your fault share is 20%, you would be able to recover only $80,000. The $20,000 that you lost is because of your fault share.
Comparative negligence is not just for car accident cases but extends to all personal injury cases in Illinois. If you think you have a valid auto accident claim, talk to a PI lawyer immediately and get a free assessment of your claim.