Illinois follows modified comparative fault laws in negligence cases. This means an injured person can collect damages as long as they are less at fault than the other person. If someone is partially at fault for an incident, they could still obtain a settlement under Illinois’s comparative negligence laws; if they are more than 51 percent responsible, though, the court will bar them from recovering any damages.
The court will also reduce an injured person’s recovery by the percentage of assigned fault. For example, if the court determines an injured person was 20 percent responsible for a crash that caused $100,000 in damages, it will reduce the compensation by 20 percent, awarding the person a total of $80,000. A dedicated legal professional could review the evidence of an incident to determine who is at fault and to dispute allegations the injured person shares liability.
In addition, state law establishes a statute of limitations for personal injury lawsuits, which is the amount of time an injured person has to file a claim after their getting hurt or being diagnosed with an illness. In Illinois, a personal injury claim must be filed within two years, with rare exceptions. A Chicago lawyer could guide an injured person through the laws governing a personal injury claim and ensure they meet every deadline, maximizing their chances of a positive outcome.
