Romeoville auto accident attorneys must advise their clients on the comparative negligence involved in their cases. Auto accidents commonly involve two parties who share fault for the incident. Comparing negligence and assigning a percentage of blame to each party helps the Illinois court system determine how damages are awarded in a case.
Assigning a Percentage of Blame
Any case involving injuries or damage in an auto accident will see both parties assigned a percentage of fault. One party may be 100% at-fault, the two parties may both be 50% at-fault, or the numbers may fall somewhere in between. The percentages determine how much may be paid out in the state of Illinois.
No Payouts Over 50%
Anyone who is deemed to be over 50% at-fault for an accident may not file a claim for damages or be paid for damages in open court. Insurance companies will work to show that a claimant was more than 50% at-fault to prevent paying the claim. The comparative negligence must be researched by Romeoville auto accident attorneys when the case is argued in court or settlement hearings. Proving the claimant is under 50% at-fault helps get their claim paid.
Changing Damage Claims
Auto accident claims are impacted by the amount of fault cited in an accident. For example, someone who is 15% at-fault in an accident will lose 15% of the total damages they would have been awarded.
Hire a Licensed Attorney
Anyone who has been denied payment in an insurance claim may hire Romeoville auto accident attorneys for assistance, and the attorney will work to prove that the other party was at least 51% at-fault in the accident. They will use this information to file claims in court for the allowable damage amount.
Mary Ann Covone P.C. Attorney At Law serves Western Springs, Romeoville, and nearby areas in personal injury cases that include auto accidents. The firm helps clients understand how comparative negligence factors into their recent accident and/or injury.
