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Modified Comparative Negligence Law in Illinois (Part B)

Proving Your Degree of Fault

The degree of fault in an Illinois personal injury claim is the amount each party's negligence played in the accident that caused your injury. When determining the percentage of fault each party contributed, the judge or jury takes into consideration several factors along with the evidence, such as:

• Were you somewhere you shouldn't be, such as private property?
• Did your carelessness or neglect for your own personal safety contribute to your injury?
• Were there any third parties involved that may have contributed to the accident?

For example, let's say you were injured in a car accident involving a drunk driver where you were making a right turn at an intersection, but you did not use your turn signals. Even though the other driver was impaired and clearly liable for a larger degree of fault in your accident, a judge may also take into consideration your decision not to indicate a turn. In Illinois, as long as your degree of fault is found to be no more than 51%, you may still receive some compensation for your injuries.

When to Hire a Chicago Personal Injury Lawyer

If there is even the slightest question that your negligence may have played a part in your injury, you will need to prove otherwise if you want to receive the maximum settlement in your case. Your best chance at proving your degree of fault was low enough to recover damages is to have an experienced Chicago personal injury lawyer on your side.

The Law Offices of Barry G. Doyle, P.C. have tried many cases like yours and know the best ways to express your degree of fault to the court. For a free case evaluation and help preparing your evidence contact us today - (312) 263-1080

The Law Offices of
Barry G. Doyle, P.C.
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Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

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