Car accident lawyers in Chicago, Illinois work under a comparative fault system that governs the allocation of liability. In Illinois, the term is comparative negligence, but you may see it as comparative fault or comparative responsibility, as well. Understanding how this law affects the rights of Illinois drivers is critical when considering an accident claim.
The Basics of Illinois Comparative Fault
Proportional comparative fault is a key part of determining case viability. This law applies in accident situations where more than one party is responsible. For example, one car making a turn across a lane hits a car speeding down the road. Technically, the turning car hit the speeding car, but both share responsibility for this accident.
How Comparative Negligence Affects Illinois Drivers
Comparative negligence is a standard established by the state to determine percentage of fault when recovering damages. This law affirms that a party may only file an insurance claim for damages if they are less than 50 percent responsible for the accident. In addition, the insurance company can reduce the claim payment by a fault percentage. If the determination is one party must take 20 percent of the fault for the accident, the company cuts the recovery payment by that percentage.
When you file a claim with an insurance company, they make an offer based upon what they believe to be their insured’s amount of negligence. The claim adjuster interviews the parties involved and reviews the official accident report. With all of the facts on the table, the adjuster suggests a dollar amount to cover the damages and then determines the percent of fault of their insured.
What If the Fault Percentage is Wrong
It is possible that you will disagree with the insurance company’s determination for the level of their insured's negligence. When this happen, you can have your car accident attorney in Illinois file a complaint with the Department of Insurance. They can request the company review that matter. If that is not productive in resolving the discrepancy, then it becomes a civil case for the courts.
Laws like comparative negligence make seeking a car accident attorney in Illinois vital when there is a problem. Comparative negligence can significantly reduce the amount of your damage payment, even if the accident is not your fault. It is the job of the lawyer to represent your interests to get a fair settlement.
If your case ends up going to trial with your personal injury lawyer Illinois, your lawyer may have no choice but to allow jurors to ask questions of all witnesses. In July 2012, Illinois Supreme Court Rule 243 went into effect. That rule gives the trial judge the discretion of allowing jurors to ask questions of trial witnesses in personal injury cases.
Although many other state courts have allowed this procedure, the Illinois Supreme Court is the first state to actually establish a rule allowing it. The idea is that it will increase the attentiveness of the jurors and assist them in their understanding of the case.
At the conclusion of the testimony of each witness, jurors will be allowed to submit their questions in writing to the bailiff. Jurors are instructed not to discuss their questions with other jurors and then given a recess while the judge considers whether or not to allow the questions. Outside the presence of the jury, the judge reads each question to the lawyers.
After discussion and ruling on any objections and possible modification of the question, the judge will reconvene the jury and read the questions to the witness, who the judge instructs to answer the question without elaboration. Your personal injury lawyer Illinois will be allowed to ask follow-up questions.
If you go to trial with your personal injury lawyer Illinois, be prepared to hear a juror question that seems “off the wall” and takes the trial in a different direction than anticipated. The question may even upset you.
Instead of getting upset, keep in mind that an unexpected question may give your lawyer a chance to identify an overlooked weakness in the case. Your lawyer can then ask follow-up questions and later present evidence designed to clarify the juror’s expressed concern. On the other hand, trust the judgement of your personal injury lawyer Illinois in deciding not to focus undue attention on one juror question that may be pulling the trial off track.
The trend in all states is to allow jurors to ask questions. The American Bar Association has encouraged lawyers to embrace the idea and not object. Your personal injury lawyer chicago may not have a choice now that the Illinois Supreme Court has sanctioned the practice. If your trial judge authorizes this procedure in your case, trust your trial attorney to use the procedure to your advantage.
