If you are injured through no fault of your own, you may be aware that in many cases, Illinois law allows you to pursue compensation from a person or party whose negligence is responsible for your injuries. However, questions of negligence can be complicated, and defendants in personal injury cases often attempt to argue that the plaintiff’s own negligence contributed to their injuries. If there is a possibility that you were partially at fault for the accident in which you were injured, you should work with an attorney to determine whether compensation is available.
While Illinois recognizes that an injury victim may have contributed to the circumstances causing their injuries, the state does not necessarily prevent them from recovering damages from other negligent parties in these cases. Rather, in determining the availability of compensation, the court will seek to establish the percentage of fault of each party who contributed to the accident. If an injury victim bears 50 percent of the fault or less, they can still recover compensation, but their damages will be reduced by their percentage of fault. On the other hand, if the injury victim bears more than 50 percent of the fault, they will be ineligible for compensation.
Even in cases in which recovery is not completely barred, contributory negligence can greatly reduce an injury victim’s compensation and make it more difficult for them to cover their expenses. Clearly, then, it is important to try to avoid situations in which contributory negligence can be claimed. In the case of a car accident, defendants may point to a number of factors as evidence of contributory negligence, including:
One of the best ways to prevent claims of contributory negligence is to ensure that you always drive safely and that your lights, brakes, and turn signals are working properly. If the defendant does claim that your negligence contributed to the accident, your attorney can help you gather evidence and collect testimony from witnesses and experts to establish the facts of the crash and ensure that you are not assigned a larger percentage of fault than you should be.
In a personal injury case, an experienced attorney can help you establish another party’s negligence and defend against claims of your own negligence, thereby helping you achieve the most possible compensation. For a free consultation to better understand your chances of recovering damages, contact a Naperville personal injury lawyer at Mevorah & Giglio Law Offices by calling 630-932-9100.
Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from four offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.
Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.
Our practice is focused on meeting your needs with flexible hours and locations to serve you: