A personal injury can lead to medical expenses, damaged property and lost wages. Most people cannot afford the financial losses caused by a personal injury. Victims may recover damages by suing the liable party who caused the accident.
How much a victim can recover from a personal injury lawsuit can depend on Illinois’s modified comparative negligence model. Here is what you should know:
How does modified comparative negligence impact damages?
The modified comparative negligence model determines how much a person can recover based on their percentage of fault. Fault is determined by proving a party was negligent and failed to use reasonable care, resulting in the victim’s injuries. Some forms of evidence that can help prove fault include police reports, traffic cameras, social media posts and accident reconstruction findings. The more evidence a victim can gather, the better their case may be.
If a defendant is entirely at fault for a personal injury, the defendant may be awarded the full amount of damages. However, both parties may be at fault. As a result, the victim may not recover all of the damages. The amount of compensation the victim can recover may be reduced by their percentage of fault. If a victim is 20% at fault, they may only recover 80% of the damages. In Illinois, if a victim is 51% at fault or more, they cannot recover damages.
Professional legal guidance can help personal injury victims gather evidence to support their case. Victims can also learn more about the types of damages they can recover from a successful personal injury case.