Compensation for injury resulting from an Illinois car accident can be delivered in the form of pain and suffering, medical expenses and even lost wages. However, Illinois is a “fault” and comparative negligence state, which may reduce the amount of recoverable damages.
Proving Fault
Illinois is a “fault” automobile accident state, meaning that to recover a party must prove that the other party was responsible for the accident. This can usually be proven by showing that the other party was negligent while driving, meaning that he did not act reasonably, causing the accident.
Comparative Negligence Proof
Under Illinois law, an injured party cannot recover if he or she was responsible for the accident by more than 50%. If the injured party was less than 50% responsible for the accident, the amount of award will be reduced by the percentage of fault. For example, if the injured party is awarded $1000,00 and is found to be 20% at fault, the injured party would only actually receive $80,000.
Potential Injury Compensation: Medical Expenses
The first type of compensation available to a party injured in an automobile accident is reimbursement for medical expenses. This includes the cost of past medical expenses resulting from the accident and a reasonable estimate of anticipated future expenses.
Potential Injury Compensation: Lost Wages
If an injured party is unable to work because of his injuries, he can recover the amount of wages he lost. Additionally, if he expects to be unable to work for some time, he can recover the amount anticipated to be lost in the future.
Potential Injury Compensation: Personal Injury
Personal injury compensation includes disability and disfigurement, emotional stress and pain and suffering. These calculations are complex because they require a certain amount of estimation. However, permanent disability and disfigurement is often highly compensated for as it is a lasting result of the accident. Pain and suffering includes past and expected future discomfort.
Getting Legal Help
If you have been injured in an automobile accident in Illinois, seek legal assistance with recovering for your damages. The amount of fault attributable to you and the party responsible for the accident may reduce the amount of compensation you receive. Because of this, speak with an attorney about the best way to proceed with your case.
