If you are injured in an accident caused by another party or parties, you may be able to recover compensation from the at-fault parties. In many accidents, multiple parties may be at fault, and in some cases, you, as the injured party, may be partially at fault.
When multiple parties are at fault, it must be determined how much fault each party bears. In cases involving multiple parties, things can become complicated quickly, as insurance companies and defense attorneys all attempt to shift the blame. You need the assistance of an experienced personal injury attorney in Chicago to protect your rights and help you secure maximum compensation for your damages.
What Is Comparative Fault?
Personal injury claims are based on a party being at fault for another party’s damages. In many cases, there are multiple parties at fault.
Historically, if an injured party had any fault in the accident or incident that caused their damage, they would be barred from seeking compensation. This was known as contributory negligence. This legal model prevented an injured person who was even slightly at fault from recovering compensation from the parties who were primarily responsible.
Most states, including Illinois, have now moved away from the contributory fault model to a comparative fault rule. In Illinois, an injured party can recover compensation as long as their fault, compared to that of other at-fault parties, is no more than 50 percent.
How Does Comparative Fault Affect Compensation in a Personal Injury Claim?
In Illinois, if you are 51% or more at fault, you will be barred from recovering any compensation. If you are 50% or less at fault, you can still recover compensation, but it will be reduced by the percentage of fault assigned to you. For example, if your damages total $100,000 and you are found to be 25% at fault, you could still recover $75,000 in compensation after your percentage of fault is deducted.
As you can see, the more fault defendants can shift to you, the less they will have to pay you, and if they can move more than 50% of the fault to you, they will owe you nothing.
You need to have an experienced Chicago accident lawyer at your side to protect your rights and limit any fault assigned to you so you can recover the compensation you deserve.
What is Shared Liability and How Does It Impact an Illinois Personal Injury Claim?
When multiple parties are at fault, they share liability. This means that each one of them has a percentage of fault assigned to them. In Illinois, defendants are considered jointly and severally liable for any damages up to a point. If one of the defendants cannot pay their percentage of damages, the plaintiff can recover that amount from the other defendants who are at least 25% at fault.
For example, if there are three defendants and Defendant A is found to be 10% at fault, Defendant B is found to be 20% at fault, and Defendant C is found to be 70% at fault, joint and several liability only applies to Defendant C because Defendants A and B are less than 25% at fault. This means that if Defendant A or B, or both, are insolvent and cannot pay their respective portions, Defendant C may be liable for their share. However, if Defendant C is insolvent and cannot pay, neither Defendant A nor Defendant B would be liable for Defendant C’s share of liability.
Contact Meyers & Flowers Trial Attorneys Today
If you have been injured in an accident or incident caused by another party, you may be entitled to recover compensation. However, there may be multiple parties at fault. Insurance companies and defense attorneys will try to shift as much blame as possible to you to avoid or minimize paying compensation.
You need an experienced Illinois personal injury lawyer to protect your interests and help you secure the full compensation you deserve. At Meyers & Flowers, our attorneys have helped secure over $6 billion for our clients, and we are committed to helping you recover maximum compensation. Call (630) 280-3771 or visit our contact page to schedule a free consultation to discuss your claim.