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How does the at-fault law work in Illinois?

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Posted on January 9, 2020

If you have been to Illinois, you may already know about the beautiful architecture, the mega baseball stadiums of Chicago, the great lake and the mighty Mississippi river. With lots of tourists flooding Illinois for a glimpse of the natural beauty the state has to offer, you need to be quite familiar with the rules behind car accident compensations.

Illinois is one of the states that employ the “at fault” laws for motor accident compensations. If you get into an accident and seek compensation, you have to provide irrefutable proof that the other party was responsible for the accident. Additionally, to get compensation, you should have contributed less to the accident than the other involved party.

A judge or jury calculates the fault in terms of percentages when the claim does not settle. A mistake of 50 percent may prevent you from getting compensation. If you were at fault by 25 percent, you might only recover 75 percent of the damages.

The worst limit in any legal case that you may face is the statute of limitations. Illinois has two different time limits that you may want to beat for you to get compensation. When injured in an accident, you may have to file a lawsuit within 24 months from the day of the accident for personal injury and five years for property damage.

Missing to file a damage claim may be devastating to family members, especially if you are injured severely in an accident. They may not rely on a pending insurance claim to buy time to file a lawsuit.

This information gives a general idea of the intricacies of getting a car accident compensation in Illinois. Do not interpret it as legal advice.