When an accident occurs, determining fault is a crucial part of the legal process, especially in personal injury cases. States across the U.S. follow different systems of negligence laws to assign responsibility and calculate damages. Some commonly used approaches are pure comparative negligence, modified comparative negligence, and contributory negligence.
Understanding the differences between these systems is vital for anyone pursuing compensation after an accident.
In Illinois, modified comparative negligence laws are applied. As one of the largest and busiest urban centers in the country, Chicago experiences its fair share of personal injury cases stemming from car accidents, slip and falls, and workplace incidents. In such cases, understanding the nuances of modified comparative negligence laws can make all the difference in getting a fair settlement. This is possible with the assistance of an experienced Chicago injury lawyer.
This guide explains the basics of pure and modified comparative negligence laws and how they apply in personal injury cases.
What is Comparative Negligence?
In personal injury law, comparative negligence refers to a legal principle that allows for assigning fault and dividing liability between multiple parties involved in an accident. It acknowledges that accidents can occur due to the actions or inactions of more than one party.
The aim of comparative negligence laws is to ensure that each party is held accountable for their share of responsibility in causing an accident. This determination then affects the amount of compensation they may receive or be required to pay.
There are two main types of comparative negligence laws: pure and modified. Let’s take a closer look at each.
Pure Comparative Negligence
In states that follow pure comparative negligence laws, the amount of compensation a party receives is directly proportional to their level of fault in causing an accident. This means that even if a plaintiff is found to be 99% responsible for an accident, they may still be entitled to receive 1% of the total damages awarded.
On the other hand, if a defendant is found to be only 10% responsible for an accident, they may only have to pay 10% of the total damages awarded. The remaining 90% would then be borne by the other parties involved.
Modified Comparative Negligence
Modified comparative negligence laws are slightly different and are followed in many states, including Illinois. Under this system, a plaintiff can only receive compensation if they are found to be less than 50% responsible for an accident.
If a plaintiff is determined to be 50% or more at fault, they may not receive any compensation. However, if their level of responsibility is deemed to be less than 50%, their total damages award would be reduced by their percentage of fault.
For example, if a plaintiff is awarded $100,000 in damages but found to be 30% responsible for the accident, they would only receive $70,000 in compensation. The remaining $30,000 would then be borne by the other parties involved. This system is also known as the “50% Bar Rule.”
How Comparative Negligence Laws Apply in Personal Injury Cases
Comparative negligence laws are most commonly applied in personal injury cases such as car accidents, slip and falls, and workplace incidents. In these situations, determining fault and calculating damages can be complex.
For example, in a car accident where both drivers were speeding at the time of the crash, comparative negligence laws would come into play to determine each party’s percentage of responsibility.
Similarly, in a slip and fall case where a property owner failed to properly maintain their premises but the victim was also distracted at the time of the incident, comparative negligence laws would help assign fault.
In any personal injury case, it is important to gather evidence and present a strong argument for your level of responsibility to ensure you receive fair compensation.
The Role of a Personal Injury Lawyer
Navigating the legal system can be overwhelming, especially when dealing with injuries and financial losses from an accident. That’s why it’s crucial to have a skilled personal injury lawyer on your side.
A personal injury lawyer has experience in handling cases involving comparative negligence laws and can help you understand your rights and options. They will gather evidence, negotiate with the claims adjuster, and present a strong case on your behalf.
Some other important roles of a personal injury lawyer include:
- Providing legal advice and guidance throughout the process
- Ensuring all paperwork is properly filed and deadlines are met
- Representing you in court if necessary
- Fighting for fair compensation that takes into account all aspects of your situation, including medical bills, lost wages, and pain and suffering.
Conclusion
Comparative negligence laws are an important consideration in personal injury cases, and understanding them is crucial for anyone seeking compensation after an accident. Whether you’re dealing with a car accident, a slip and fall, or a workplace incident, it’s important to have a skilled personal injury lawyer on your side to navigate the legal system and fight for fair compensation.
