How Do Illinois Courts Determine Fault in Personal Injury Cases?

One of the foundational concepts of personal injury law is that of fault. A party who is at fault for another person’s injuries can be held responsible for the financial and personal consequences of those injuries. A court determines fault by listening to and weighing the evidence presented by the plaintiff—the party bringing the lawsuit—and the defendant. A good personal injury attorney knows not just how to recover this evidence but, just as critically, how to use it to compellingly argue that the defendant’s actions led to their client’s injuries.

Determining Fault in Personal Injury Cases

 The facts a personal injury attorney must establish to prove a defendant’s fault will depend on the legal theory they use to build their case. For example, many personal injury cases are based on the concept of negligence, meaning one party’s carelessness led to another party’s injuries. To establish that the defendant was negligent, they must show that

• The defendant owed the victim a duty of care.
• The defendant violated their duty.
• The plaintiff suffered harm.
• The defendant’s violation of the duty of care directly and approximately led to the plaintiff’s injuries.

For a court to determine fault, attorneys each present evidence to substantiate their version of the events and actions that led to the personal injury accident. Evidence that may help build a substantial personal injury lawsuit can include:

• Medical records
• Videos and photographs of the scene
• Surveillance footage
• Data from a vehicle’s event data recorder, or “black box”
• Cellular phone records
• Witness statements
• Expert witness testimony

One reason it’s so important to work with a personal injury lawyer is that some of the above evidence can be easily lost or destroyed without immediate legal intervention. A lawyer can prevent this from happening by serving letters of spoliation on a defendant advising them to preserve this evidence or face consequences at trial.

 What If a Plaintiff Is Partially at Fault for Their Injuries?

Illinois follows a modified comparative negligence system in civil cases, meaning that a plaintiff partially at fault for an accident can still recover compensation at trial. Under this system, the court weighs evidence and then assigns each party in a lawsuit a percentage of fault for the plaintiff’s injuries. Any compensation the plaintiff recovers is reduced according to their percentage of fault.

For example, a plaintiff who would have been awarded $100,000 but is assessed 20% of the fault for their injuries will recover $80,000 instead. Furthermore, if the court finds the plaintiff more than 50 percent at fault for causing an accident, it bars them from recovery entirely. Good personal injury lawyers are adept at minimizing their client’s share of fault in order to maximize the amount they recover at trial.

An Illinois Personal Injury Lawyer Is Ready to Help

 Have you been injured in an accident in Illinois? Torecover compensation, you’ll need to show that someone else is at fault for what happened. The legal team at Holley, Rosen & Beard, LLC, is ready to advocate for you. Contact our office today for a free consultation to discuss your options for pursuing a personal injury lawsuit.