There are any number of reasons why accidents occur. Many times one individual is at fault. In those cases, when it can be proven that the negligence of a single individual caused injury, determining compensation can be an easier process.
However, there are times when both or multiple parties are at fault. You many not know that when your own carelessness is the partial cause of an accident, you may still obtain some compensation from anyone else also partially responsible for the accident. The amount of each party's liability is directly related tothe level of carelessness of each party contributing to the accident. The percentage of that liability determines the percentage of damages each party is responsible for paying. This stems from a rule called Comparative Negligence.
Just how comparative negligence cases are resolved varies from state to state. In Illinois, you may recover compensation if it is determined that your level of carelessness contributed less than 50% to the accident. However, an adverse insurance company may determine that their insured's level of carelessness contributed less than 50% to the cause of the accident and deny your claim or, in the alternative, they may only pay the percentage of liability they feel their insured bears.
Revolving Comparative Negligence Cases: There is no clear cut formula for determining level of liability in these cases. It takes an experienced personal injury law firm like Panio Law Offices, who understands how to minimize your risk of attributable fault, to ensure that your rights are protected.
Have more questions? Call us at (312) 313-0305.