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Don’t let comparative fault derail your personal injury case

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Posted on July 6, 2020

Dealing with the aftermath of a car accident can be totally overwhelming. You might experience physical and emotional pain and suffering on a daily basis that makes it challenging, if not impossible, to live your normal life, and your financial damages might be extensive, too. Medical expenses and rehabilitation treatment costs can quickly skyrocket at a time when you are unable to work. This can leave you financially devastated for the foreseeable future.

Fortunately, car accident victims might be able to recover compensation for these damages if they can prove that their injuries were caused by the negligence of another driver. This requires presenting evidence as to how the other driver acted wrongly, thereby causing the accident in question, but these personal injury cases are about much more than just proving fault. It’s also about defending yourself from allegations of comparative fault.

Under Illinois law, comparative fault can play a significant role in the amount of compensation you can recover, if you can even recover at all. Essentially, the court will assess the fault that is attributable to each party. If the victim is found to be more than 50% at fault, then the court will bar all recovery. If the victim is found to be less than 50% at fault, then he or she can still recover compensation from the defendant, but the awarded amount will be reduced by the percentage at which the victim is found to be at fault.

What does this mean for you as an accident victim? It means that you need to be prepared to play offense and defense when pursuing your personal injury case. This requires you to assess the evidence with a critical eye so that you can build your case while anticipating the defense’s arguments and preparing appropriate responses. If you want to present a holistic case that aggressively seeks to protect your interests, then you might want to consider whether the assistance of an experienced legal advocate would be beneficial.