As negligence laws vary from state to state, it is important to understand how those laws affect you. If one person’s negligence caused an accident leading to another person’s injuries or property damage, the negligent party is liable to the injured party for damages. If you were injured in the state of Illinois, you are likely asking yourself, “How does negligence work in Illinois lawsuits?” When it comes to understanding Illinois negligence laws, it relates to the extent of each parties involvement in the accident.
When one person is injured (plaintiff) and wants to file a personal injury claim against another person (defendant), they are stating their intent to pursue damages to compensate for any property damage or injuries they have sustained. Most often, financial compensation will cover any and all account-related costs incurred by the plaintiff. Those costs generally cover any necessary vehicle repairs (in the case of a car accident), medical costs, medication, physical therapy, and any missed wages due to spending recovery time away from work. In most states, the more negligent one party is in the cause of an accident, the more damages they are liable for paying the other party.
Illinois Contributory Negligence Law
Illinois governs itself under a statute known as the contributory negligence rule. What that means is that an injured parties entitlement is adjusted based on their assigned percentage of negligence regarding the accident. Under these laws, if the plaintiff was found to be partially responsible for the accident’s cause, they are assigned a portion of the legal blame. The higher their share of the negligent, the lower the damages; the lower their negligence, the higher their damages.
The main thing to be aware of if you were injured in the state of Illinois is that if you are found to be fifty-percent or more negligent in the accident’s cause, despite your injuries, you will no longer be entitled for any financial compensation.
Personal injury lawsuits are all about negligence. That is why it is so important to hire a local attorney who is familiar with the negligence laws that govern the state in which your accident took place. A Rockford personal injury attorney can guide you through the entire process, assess your case, and advise you on how best to proceed. They will also know whether your share of the negligence is too significant to pursue damages.