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Auto Accident AttorneyCar accidents are more common than we would like to think. In 2014 alone, more than 603 people lost their lives, and more than 66,000 people suffered non-fatal but serious injuries in a car crash in Illinois. Whether you were injured in a car crash in Illinois, or suffered heavy damage to your car, its essential to understand your compensation options for the loss you’ve incurred.

When someone is injured in a car accident, they usually demand compensation for the damage to the vehicle and their injuries or both. This can be done by filing a personal injury claim against the party held responsible for the accident. However, The Comparative Fault Law in Illinois could affect the compensation significantly. Here’s what you need to know about Comparative Negligence or Comparative Fault Law for car accidents.

Shared Blame Among both Parties

Under the Comparative Negligence law in car accident cases, both parties, if found responsible for the car crash, will share the blame for the accident. In most cases, the jury will need to determine two aspects based on the evidence at hand:

  1. The total amount for the damages suffered by the plaintiff

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  3. The percentage of fault that falls upon each individual party involved in the accident

However, if the comparative fault rule is applied to the aforementioned aspects, the plaintiff’s damages award is reduced by a percentage that equates to their share in the accident.

Here is a simple example to explain this law. Suppose you were involved in an auto accident, the jury decides to award you $200,000 in compensation, which will include all your pain and suffering damages, medical expenses and any damage to the vehicle. However, when the same jury holds you 50% responsible for the crash, then your damages will amount for $100,000 dollars, not the $200,000, under the Illinois comparative negligence law.

Application to Car Insurance Claim

The comparative negligence rule is applicable to car insurance claims after an auto accident. Your insurance company will adjust the insurance amount, according to the percentage of blame you receive. The best approach to deal with a car crash and personal injury is to discuss your case with an experienced personal injury and auto accident attorney. The attorney will suggest the best course of action to pursue.

If you recently got involved in an auto accident, but you are unsure about your situation and wish to know about how to pursue your claim for compensation, contact the offices of Mary Ann Covone at (708) 246-4911 to schedule a free consultation with an experienced personal injury lawyer.