Every state has a system for injury victims to navigate a car accident claim after a crash. There are a handful of no-fault states, like Florida and New Jersey, where car accident victims must file claims against their own automobile personal injury protection (PIP) insurance regardless of who caused the accident. In these states, the court dockets remain free of car accident lawsuits except under specific circumstances, such as catastrophic injuries.
In Illinois, however, it matters who causes a car accident. Illinois is a fault-based state, requiring injury victims to prove the responsible driver’s liability.
Fault-based insurance states typically use either a pure comparative negligence system or a modified one. In a pure comparative negligence state like California, even an accident victim who was 99% at fault can file a claim for one percent of their damages.
In Illinois, the state uses a modified comparative negligence system that allows a car accident victim to recover compensation for their damages as long as they are less than 50% at fault. Illinois 735 ILCS 5/2-1116 states the following:
“The plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought.”
If an accident victim contributed to the cause of the accident, the insurance company subtracts their percentage of fault from the amount they recover in compensation for their damages. For example, if their claim is valued at $100,000 but the insurance company finds that they were 25% at fault, the insurance company only pays $75,000.
An injury victim has the burden of proving the responsible driver’s liability. This means they need compelling evidence that meets the following legal standards of liability:
The fault-based insurance system in Illinois benefits those whose actions contributed to the accident or the severity of their injuries because they can still recover a portion of their damages as long as they are less than 50% at fault. However, it also incentivizes the insurance company to assign fault or shift liability to an injury victim to protect its company profits.
An experienced Chicago car accident lawyer helps defend their client against these and other common tactics an insurance company may use against a car accident victim with substantial damages.
Part of proving an at-fault driver liable for damages is showing that the accident caused economic damages, as well as the pain and suffering from the physical damages. Proving damages requires evidence such as medical bills, invoices, receipts for medications, and evidence of income loss. These are the economic damages in an Illinois car accident claim. Non-economic damages are not as easy to calculate, but include compensation for pain and suffering, as well as catastrophic injury damages such as loss of limb, disfigurement, loss of one of the senses, or diminished quality of life.
Car accident claims can quickly become complex in fault-based insurance states like Illinois when questions arise about who caused the accident or how much fault each driver contributed. Many car accident victims hire an experienced Chicago injury attorney to protect their best interests throughout the car accident injury claim process in fault-based insurance states.
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