If you are involved in an accident, you may wonder if you can recover compensation. This is a good question and one that a personal injury lawyer can answer.
A key element in these cases is fault. Determining fault can be a difficult process, which is why having legal representation is recommended.
The term “fault” refers to a breach of a duty of care that results in harm or injuries to another person. Fault can include actions or inactions and involve reckless, unlawful, or intentional conduct.
Keep reading to learn more about determining fault in personal injury cases and how a Chicago attorney can help with your case.
Resolving the Issue of Fault
Sometimes (especially in auto negligence situations), fault is resolved before a lawsuit is filed. This can be done if one party admits to it or if an agreement is reached between the involved parties.
However, if fault is not determined like this, then each party will be assigned a percentage of fault.
For the state of Illinois, the threshold of fault you can hold while still receiving compensation is 50%. If you are determined to be more than 50% at fault for an accident, it is impossible to recover damages.
Attorneys Can Help with Your Personal Injury Claim
Hiring a Chicago personal injury attorney means you have someone on your side investigating the accident and assessing the evidence to determine who was at fault and how much fault you hold for the accident.
In situations where fault is disputed, Illinois law requires that any fault assigned to the plaintiff is compared to the fault of the defendant. This is essential because it determines if the plaintiff’s fault exceeds the 50% threshold. If this happens, then no recovery is possible.
Also, evaluating fault effectively involves more than just ensuring that the plaintiff’s contributory fault is under the legal threshold. A reason for this is that each party’s percentage of fault has an impact on the damages they receive.
Types of Damages You Can Recover
If it is determined that you are less than 51% at fault for the accident you were involved in, then it is possible to recover compensation. Some of the types of damages you can receive in these incidents include the following:
- All past, present, and future accident-related injuries
- Damage to your personal property
- Lost wages
- Lost earning capacity
- Pain and suffering
Talking to a Chicago personal injury attorney will help you understand your rights and what damages you are entitled to.
Not all personal injury cases will qualify for all the damages listed above. However, your attorney can let you know what your case and situation qualify for and what you can expect to receive.
The Right Attorney Matters
If you want the best possible outcome for your personal injury case, find and hire a reputable attorney. They can review the facts of the case, gather evidence, and help you get the desired outcome. Be sure to research the local options first, which will help you find a lawyer suited for the job.