Do I Still Have a Personal Injury Case if I Was Partially at Fault for the Accident?

Lake County Personal Injury Lawyers Explain How Fault Factors In To A Case Result

We often consult with clients who are unsure if they have a personal injury case because they were partially at fault for the accident or injury. Even if you were partially at fault, you may still have a personal injury case. However, the amount you may recover from your injury or damages might be reduced based on the percentage you were at fault.

According to Illinois law, if you were found by a judge or jury to be 50% or less at fault for the accident or injury, then you may be able to recover compensation for damages minus the amount you are at fault. However, if you were found to be 51% or more at fault, then the law restricts you from recovering any amount of damages.

Whether or not you are liable, or at fault, is a major factor in the process of a personal injury case. For example, if your case goes to trial and the judge or jury finds you to be 40% at fault, and you are rewarded $100,000 for damages, you may recover up to $60,000. If you are found to be 50% at fault for the same case, you may recover up to $50,000. But, if the judge or jury finds you to be 51% at fault, then you will not recover any compensation.

Contact Our Lake County Law Firm for More Details

If you have any questions about the accident you were involved in or the injuries that may have resulted, contact Salvi & Maher, LLP for a free, no-obligation consultation with one of our experienced attorneys. Call us at 847-662-3303 to meet with a lawyer at our law offices in Libertyville, Chicago, Waukegan, or Richmond, IL, where we will go over the details of your case and decide if it is in your best interest to file a claim.