Springfield, IL asked in Personal Injury for Illinois

Q: I was in a car accident. Can I get compensation for my injuries even if I was partially responsible?

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1 Lawyer Answer
Robert D. Kreisman
PREMIUM
Answered

A: As long as you were not more than 50% at fault in Illinois you may recover for your injuries with a percentage of contributory negligence reducing your recovery. Some insurance companies pre-suit will try to assess the liability between its insured and you and thus make its offer by reducing the actual damages by the percentage of fault assigned to you. There are jury instructions in Illinois on comparative fault should the case go to trial. If a jury or fact finder should find you more than 50% of the total proximate cause of the injury or damage then you would not recover and verdict would be entered in favor of the other party.

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