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Modified Comparative Negligence In Illinois Car Accidents

Illinois is a fault-based state, so car accident victims typically hold at-fault parties accountable for their negligence. However, the state has also adopted comparative negligence in these cases. Do you know how this law impacts compensation following a car accident? Our team at Walner Law® is ready to help you understand; we’re also ready to help you seek the compensation you deserve.

What Is Comparative Negligence?

Comparative negligence laws come into play when both parties involved in a crash hold a percentage of fault. Essentially, this aspect of law assigns each party involved their percentage, and that percentage amount would determine how much compensation a person can recover. Under modified comparative negligence, someone can recover compensation as long as they are less than 50% at fault for damages.

Here’s a scenario that shows how it would work:

  • After a crash, the insurance company would determine the overall percentage of fault, assigning each party a specific amount.
  • It offers a settlement based on their percentages, offering the amount they believe owed to the plaintiff.
  • If the insurance company believes the plaintiff to be 25% at fault for the crash, they may only offer the claimant 75% of the compensation owed to them.

In the scenario above, if the plaintiff is owed $100,000 prior to modified comparative negligence being assigned, the insurance company would offer $75,000 instead.

Maximizing compensation means having the lowest percentage of fault possible in a crash. The right information and evidence can go a long way in proving a case.

At Walner Law®, we work with you to seek the maximum compensation to which you are entitled. Our team of Chicago car accident attorneys is here to help you when it matters. Let us give you a voice and explain your options throughout the process.

We offer free consultations to provide you with the answers you need during a difficult time. Call us today at (312) 313-2888 to speak with a legal advocate on our team!


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