There are any number of reasons why accidents occur. Many
times one individual is at fault. In those cases, when it can be proven that
the negligence of a single individual caused injury, determining compensation
can be an easier process.
However, there are times
when both or multiple parties are at fault. You many not know that when your
own carelessness is the partial cause of an accident, you may still obtain some
compensation from anyone else also partially responsible for the accident. The
amount of each party's liability is directly related tothe level of carelessness of each party contributing to the
accident. The percentage of that liability determines the percentage of damages
each party is responsible for paying. This stems from a rule called Comparative
Negligence.
Just how comparative
negligence cases are resolved varies from state to state. In Illinois, you may
recover compensation if it is determined that your level of carelessness
contributed less than 50% to the accident. However, an adverse insurance
company may determine that their insured's level of carelessness contributed
less than 50% to the cause of the accident and deny your claim or, in the
alternative, they may only pay the percentage of liability they feel their
insured bears.
Resolving
Comparative Negligence Cases: There
is no clear cut formula for determining level of liability in these cases. It
takes an experienced personal injury law firm like Panio Law Offices, who
understands how to minimize your risk of attributable fault, to ensure that
your rights are protected.
Have more questions? Call
us at 888-799-7561.