A car accident can cause serious injuries, significant property damage and emotional trauma. Many people file personal injury claims after suffering injuries and damages in a car accident. Generally, accident victims will file their claims against the parties responsible for the accident. Most accidents are caused by drivers, but the owner of the vehicle, a driver’s employer, and vehicle maintenance companies may also be held liable for the collision.
Modified comparative negligence laws in Illinois
It is important to note that just because someone is injured in an accident, does not mean that they are not partially or fully responsible for the accident. Fortunately, in Illinois and a few other states that have modified comparative negligence laws, you may recover damages even if you are partially at fault for the accident, as long as you are less than 50% at fault. Your damages will be reduced based on the percentage of fault attributed to you.
For example, if you were driving at an excessive rate of speed at the time of your accident, but the driver of the other vehicle ran a red light and struck your vehicle, a jury may find you only 30% liable for the accident. As a result, if the jury awarded you $100,000 in damages, you would receive $70,000 after a 30% reduction.
Economic and noneconomic damages
If you are entitled to damages, you may be awarded economic and/or noneconomic damages. Economic damages are intended to cover expenses relating to the accident, such as medical bills and lost wages. Noneconomic damages are intended to cover emotional distress, mental anguish, loss of companionship, disfigurement, and other less tangible damages.
Proving economic damages is typically easier than proving noneconomic damages because they are less subjective. However, personal journals documenting your difficulties, testimony from loved ones, and expert testimony can be helpful when proving noneconomic damages.