When you’re driving around Naperville or Aurora, you probably don’t plan on having a car accident. Auto accidents can be life-altering, and they often leave victims with consequences that can have a significant impact: for example, physical injuries, emotional trauma, and financial burdens. Case settlements can help offset some of those burdens. A critical aspect of Illinois car accident cases is the legal concept “comparative fault” and how that can impact your settlement.
What Is Comparative Fault?
Comparative fault, or comparative negligence, is a legal principle that identifies the degree of fault each party in an accident is responsible for. In Illinois, we follow a modified comparative fault system, specifically the 51% bar rule.
This means that even if you share some degree of fault, as long as your fault is less than 50%, you can seek compensation for your injuries.
How Does Comparative Fault Impact Your Settlement?
Comparative fault is critical in several ways.
Determining Compensation: In a car accident case, the percentage of fault assigned to each involved party impacts the compensation you receive. That means that if you’re found partially responsible for the accident, your compensation may be reduced proportionally. For example, if the total damages amount to $100,000, and you are deemed 20% at fault, your maximum settlement would be $80,000.
Negotiating with Insurance Companies: Insurance companies often use comparative fault as a bargaining tool to reduce their liability. They may argue you were partially responsible for the accident, which could lead to your receiving less compensation. An experienced attorney can help you fight this.
Steps You Can Take
Here are some general guidelines for protecting yourself when it comes to comparative fault and your settlement.
Gather Evidence and Documentation: It’s crucial to gather and present evidence that supports your claim and minimizes your degree of fault. This evidence might include accident reports, witness statements, photographs of the scene, and expert opinions if necessary. You should document and record any relevant information from the moment the accident occurs. An experienced attorney can use this evidence to help counter allegations of comparative fault.
Avoid Admission of Fault: Be cautious about admitting fault, even in casual conversations with the other party or insurance adjusters. That’s why you must consult with an attorney before making any statements.
Don’t Settle Before Negotiations: When negotiating a settlement with the at-fault party’s insurance company, the insurance company will assess the evidence and the degree of fault. Their initial settlement offer may be lower if they believe you share some responsibility for the accident.
Maximizing Your Compensation Despite Comparative Fault
Navigating the legal intricacies of comparative fault in Illinois car accident cases can be challenging, but there are steps you can take to maximize your compensation:
- Consult with an Attorney
Seeking legal representation is crucial after a car accident. An experienced attorney can assess your case, gather evidence, and negotiate with insurance companies on your behalf. They understand the complexities of Illinois’ comparative fault laws and can help you navigate them effectively. - Avoid Premature Settlements
Insurance companies may offer quick settlements, hoping you’ll accept a lower amount before fully understanding the extent of your injuries and damages. Consult with your attorney before taking any payment offers to ensure they are fair and comprehensive.
Understanding how comparative fault operates in Illinois car accident cases is crucial if you’re seeking compensation after an accident. While comparative fault can impact the settlement amount, it doesn’t necessarily bar you from receiving payment.
The proper legal representation and strategic approach to your case will help you navigate this.
Speak With an Experienced Illinois Car Accident Attorney Today
At Cullotta Bravo Law, we specialize in handling car accident cases in Illinois. If you have questions or need assistance, contact us for a free consultation. We’re here to help you navigate the complexities of the legal system and get the compensation you deserve. Call us today at 630-898-7800 or reach out online to see how we can help with your case.