How Comparative Negligence is Resolved in an Illinois Injury Claim

Comparative negligence laws in Illinois dictate how responsibility will be divvied up between the parties involved in an accident. After a personal injury claim has been made, the insurance company will attempt to assign a degree of fault to each party, take comparative negligence rules into consideration, and then make a personal injury settlement offer to the injured victim.

Insurance Companies’ Plan to Resolve Negligence Cases

After an accident is reported, the insurance company gets to work collecting information and resolving the claim (whilst keeping their financial bottom-line in mind, of course). They first have to determine who was at fault for the incident, and abide by Illinois’ modified comparative negligence rule.

During the aftermath of the incident, the insurance company may attempt to resolve negligence by: 

  • interviewing the involved parties;
  • collecting information about the accident;
  • speak with witnesses; and
  • reviewing accident reports. 

If the adjusters find the claimant less than 51 percent at fault, they may make a settlement offer. The offer, however, will be reduced by the claimant’s degree of fault. If, for example, the claimant was found to be 40 percent at fault in an accident with $50,000 in damages, the settlement offer would be reduced by 40 percent, amounting to $30,000.

If the injured party is found to be more than 50 percent at fault, he or she will not be eligible for compensation.

If the claimant is unsatisfied with the offer that the insurance company lays on the table, he or she does not have to sign it. The claimant can speak with a personal injury attorney to determine if Illinois negligence laws were applied reasonably, decide if a higher settlement is feasible, and then push forward to seek fair compensation.

Personal Injury Law Firm in McHenry County

Determining, proving, and resolving comparative negligence is a critical part of the claims process and key to receiving a fair settlement. It’s advisable to seek the counsel of a McHenry County personal injury lawyer, such as Franks & Rechenberg, P.C., before signing any settlement offers.

Contact us today at (847) 854-7700, and let us review your case and help protect your rights throughout the legal process.