Accidents are rarely straightforward, so it’s not uncommon for more than one party to be held responsible for causing a single accident. Fortunately, just because an injured party contributed in some minor way to his/her accident, does not mean he/she will be barred from recovery. Instead, it is likely the injured party’s damages award will simply be reduced by that person’s individual degree of fault in causing the accident. However, determining how much of an accident two or more parties were responsible for can be complicated. If you were involved in an accident and were partially at fault, you should speak with an experienced Westchester personal injury lawyer who can help protect your interests.
Modified Comparative Fault
There are three (3) main models of comparative fault in the U.S., each of which addresses how damages awards are impacted when an injured victim is at least partially responsible for the underlying accident. Illinois (along with 32 other states) subscribes to the third model, which is known as the modified comparative fault model and allows injured victims to collect damages (even if they contributed to their accidents), but only if they were not more at fault for that accident than the defendant. Essentially, if a plaintiff is found to be 51 percent responsible for an accident, he/she will automatically be barred from recovery. Otherwise, the damages awarded to the victim will simply be reduced by his/her percentage of liability, which in turn is determined by a judge or jury.
Examples of Modified Comparative Fault
If, for instance, a plaintiff is determined to be 20 percent responsible for a car accident, in which he/she sustained injuries whose treatment cost $250,000, his/her recovery would be reduced by 20 percent. In this scenario, a plaintiff could expect to collect around $200,000 in compensatory damages for past and future medical expenses, lost wages, property damage, emotional distress and pain and suffering.
As this example demonstrates, how much a plaintiff can recover in damages under the modified comparative fault model is dependent on a few different factors, including:
- The total losses sustained by the plaintiff;
- The plaintiff’s degree of fault in causing the accident;
- The defendant’s degree of responsibility for the accident; and
- The strength of both parties’ evidence.
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These elements require convincing evidence, including photos, video, eyewitness testimony, and in some cases, expert opinion. If you were injured in an accident for which you were partly at fault, it is important to retain an experienced attorney who can investigate your claim and begin building a strong case, which will result in the best possible outcome for you and your family.
Call Us for Help with Your Case
To speak with a dedicated Westchester personal injury lawyer about the potential compensation you could receive for your own accident-related injuries, please call Mary Ann Covone, P.C. Attorney at Law at (708) 246-4911. You can also schedule an initial consultation with a member of our legal team by completing one of our quick contact forms.