Car Crashes: Can You Get Compensation If You Are At Fault?

 Posted on August 21, 2024 in Car Accidents

Did you know that around 3 million people sustain injuries in car accidents annually in the U.S.? In 2022, there were 59,795 injury crashes and 1,147 fatal collisions in Illinois, many of which happened in the Chicagoland area.

You probably know that you can sometimes obtain compensation if someone else causes your collision, but what if you are partially responsible for the accident? Can you get a settlement, and how much can you receive? These are important questions, and a knowledgeable attorney from Issa Law, LLC can answer them for you.

What Is Fault in a Car Accident?

In personal injury cases, including motor vehicle collisions, fault refers to responsibility. If you are at fault in a crash, you are at least partly to blame. However, that does not necessarily mean that you are the only one responsible. Multiple parties can share fault for causing a single accident.

Every state has laws that govern who qualifies for compensation and how much they might obtain. Illinois used a modified comparative negligence law in these cases. If you are more than 50 percent at fault in your accident, you are not able to collect compensation from the other at-fault parties.

Fault also confers liability. If your degree of fault allows you to receive compensation, you are still liable for a portion of your damages. For instance, suppose you are 30 percent at fault for causing your collision. You are also liable for 30 percent of your damages. The most you can collect from other liable parties is 70 percent.

Do Insurance Companies Manipulate Fault?

Because your degree of fault determines both your eligibility to collect a settlement and may limit how much you can receive, liable insurance companies may attempt to blame you unfairly for your accident. This strategy can either reduce your compensation amount or eliminate it altogether. One of your attorney's most crucial jobs is ensuring that any fault blamed on you is accurate.

What Are Damages in an Auto Collision Claim?

In personal injury cases, the term "damages" refers to a sum of money you might receive for your eligible losses. Compensatory damages reimburse you for accident-related expenses and other kinds of losses. Economic damages are a subcategory of compensatory damages. They reimburse you for things like lost wages, medical bills, ongoing care, and property damage. The other subcategory, non-economic damages, is more challenging to quantify.

Non-economic damages are intended to compensate you for intangible losses from your accident and injuries. They are not tied to specific dollar amounts; instead, the worse a qualifying condition affects you, the more damages you are likely to receive. Pain and suffering, losing the ability to enjoy life, permanent disfigurement, PTSD, and damage to personal relationships are examples of non-economic damages.

The final category of damages has nothing to do with your expenses or quality of life. You may be awarded punitive damages if "the defendant's conduct was with evil motive or with a reckless and outrageous indifference to a highly unreasonable risk of harm and with a conscious indifference to the rights and safety of others."

Call Today To Speak With Our Dedicated Orland Park, IL Car Accident Lawyer

Handling an accident claim alone if you bear some fault is challenging. Call Issa Law, LLC at 708-966-2408 for your free consultation with our skilled Cook County, IL personal injury attorney. We will discuss your case and how we can help you collect the highest possible settlement amount.