How Does Negligence Affect Your Personal Injury Claim?

 Posted on August 07,2024 in Personal Injury

Getting compensation after a personal injury accident is not always easy. In most cases, you must prove that someone else’s negligence leads to your injury. Their negligence may make that party liable to compensate you for your injuries and other qualifying losses.

Many injured accident victims face a consistent problem: Insurance companies do not like paying claims, and they may try to use your state’s negligence laws against you to reduce your compensation amount. You do not have to handle your claim alone. Our Northern Illinois personal injury lawyer at Adler Law Offices, LTD can help.

What Is Negligence?

When talking about legal matters, negligence refers to failing to act the way a reasonable person would in the same situation. When you can prove that someone else’s negligence caused your injuries, you may be able to hold them accountable through an insurance claim or personal injury civil lawsuit.

Accusing someone else of causing your accident and injuries is not enough to make them give you a settlement. You need supporting evidence that shows:

• Someone owed you a duty of care.

• That party breached their duty of care.

• The breach directly led to your injuries.

• You suffered damages or losses as a result.

A duty of care is a legal responsibility to use a reasonable standard of care to avoid harming others. This duty can apply in many situations, including driving, medical and nursing home care, keeping property safe for invited guests, and providing safe places to work.

What Are Negligence Laws?

Every state has negligence laws that govern compensation and liability for personal injury accidents. These laws differ, and you must follow the rules in the state where your accident happens, even if you live in another. In many cases, more than one party is guilty of negligence and shares fault. For example, if you are texting while driving and a drunk driver crashes into your car, you may bear part of the responsibility.

Illinois uses modified comparative negligence rules. This statute determines an injured person’s eligibility to obtain compensation and can limit how much payouts may be:

• If you are under 51 percent responsible for causing your accident, you can pursue compensation from other at-fault parties.

• If you are assigned a percentage of fault, the amount of compensation you can receive will be reduced by that same percentage.

Insurers have teams of lawyers who know your state’s laws, and they may use different ways to avoid paying a valid claim. At Adler Law Offices, LTD, we are not afraid to take on large insurance companies that might try to take advantage of you.

How Can Insurers Use Negligence Against You?

Liable insurance companies may try to blame you for more than your fair share of the responsibility for causing your accident. If insurers assign more than 51 percent of the fault to you, you cannot pursue compensation, so they pay you nothing. Even when your assigned degree of fault does not disqualify you, the amounts the insurer has to pay are reduced.

Your personal injury lawyer from Adler Law Offices, LTD will investigate your accident to make sure that the fault is distributed fairly. We will then negotiate with the insurance company to get the maximum amount of compensation you deserve.

Consult With Our Experienced Chicago, IL Personal Injury Lawyer

Whether your personal injury case involves a motor vehicle accident, premises liability, medical malpractice, construction injuries, or other qualifying circumstances, Adler Law Offices, LTD can help. We offer free consultations, and we will not charge any fees unless we win compensation for you. Call us at 312-236-2700 to schedule your case review with our Cook County, IL personal injury attorney.