When a person is injured in an accident, one of the first and most important questions that arises is who was at fault and how compensation is calculated. In Illinois, determining fault is a key step in securing fair compensation for medical bills, lost wages, and other damages. At Phillips Law Offices in Chicago, our legal team carefully examines every detail of your case to determine responsibility and help you recover the compensation you deserve. The process involves evidence collection, applying state laws like comparative negligence, and calculating economic and non-economic damages to ensure justice is served.
Understanding How Fault Is Determined in Illinois
Fault in Illinois personal injury cases is primarily based on negligence. Negligence means that someone failed to act as a reasonably careful person would under similar circumstances, leading to another person’s injury. Proving fault requires establishing four essential elements: duty of care, breach of duty, causation, and damages.
At Phillips Law Offices, we begin by assessing whether the at-fault party owed a duty to act responsibly — for example, drivers must operate their vehicles safely to protect others on the road. If they breached that duty by speeding, texting, or driving under the influence, and their actions directly caused an accident, they can be held legally responsible for the resulting injuries.
Illinois follows a modified comparative negligence rule, which allows an injured person to recover compensation even if they were partially at fault. However, the percentage of their own fault reduces their recovery proportionally. For example, if you were 20% at fault for an accident and your total damages were $100,000, you could still recover $80,000. If you are more than 50% at fault, however, you cannot recover damages under Illinois law.
Our attorneys at Phillips Law Offices investigate every aspect of an accident, from police reports and witness statements to surveillance footage and accident reconstruction, ensuring no detail is missed in proving liability.
Types of Evidence Used to Prove Fault
Building a strong claim starts with solid evidence. To determine fault accurately, multiple forms of evidence are collected and analyzed by your attorney and expert witnesses.
One of the most important pieces of evidence is the police report, which includes an officer’s observations, citations issued, and statements from drivers and witnesses. This report often serves as a foundation for determining fault in car and truck accidents.
Photographs and videos from the accident scene can show vehicle positions, skid marks, and property damage, providing visual proof of how the incident occurred. In addition, medical records connect your injuries directly to the accident, helping establish the extent of harm suffered.
In serious cases, accident reconstruction experts are brought in to recreate the scene and explain how negligence caused the collision. For workplace or premises liability claims, inspection reports, maintenance logs, and witness accounts can also demonstrate whether the property owner or employer failed to meet safety obligations.
At Phillips Law Offices, we leave no stone unturned in collecting and analyzing this evidence to ensure your claim stands on firm legal ground.
Comparative Negligence in Illinois Personal Injury Cases
The comparative negligence law in Illinois can significantly influence the outcome of your claim. This law recognizes that more than one party can share responsibility for an accident. Under 735 ILCS 5/2-1116, an injured person can recover damages as long as they are not more than 50% at fault for the incident.
This means that even if you contributed to the accident in some way — for example, by being slightly distracted or not wearing a seatbelt — you can still pursue compensation. However, the amount you receive will be reduced by your percentage of fault.
For example, if a jury determines that you were 10% at fault and your damages total $200,000, you would receive $180,000 after the reduction. If you were found 55% responsible, you would not be eligible for compensation.
Our attorneys at Phillips Law Offices carefully analyze all the evidence to challenge exaggerated claims of your fault and protect your right to fair compensation.
How Compensation Is Calculated in Illinois
Once fault is determined, the next step is calculating compensation, also known as damages. Compensation aims to restore you as closely as possible to your condition before the accident. It includes both economic and non-economic damages.
Economic damages cover tangible losses like medical bills, physical therapy costs, lost income, and property damage. These are easy to quantify through receipts, bills, and pay stubs. Non-economic damages, on the other hand, address emotional distress, pain and suffering, loss of enjoyment of life, and psychological trauma — aspects that are harder to measure but equally important.
Illinois law allows victims to recover full compensation for both categories, as long as their percentage of fault is 50% or less. In cases of extreme negligence or intentional misconduct, punitive damages may also be awarded to punish the wrongdoer and discourage similar behavior.
Our attorneys at Phillips Law Offices use a detailed approach, combining financial documentation, medical evaluations, and expert testimony, to calculate accurate compensation values and ensure no damages are left unaccounted for.
Factors That Affect the Value of a Claim
Every personal injury case is unique, and several factors influence how compensation is calculated.
The severity of the injury is one of the most significant elements. Catastrophic injuries, such as spinal cord damage or traumatic brain injury, often lead to lifelong medical needs and reduced earning potential, resulting in higher compensation.
The duration of recovery and the impact on quality of life also affect settlement value. If an injury prevents you from working, pursuing hobbies, or maintaining relationships, these losses are reflected in the non-economic damage portion of your claim.
Other important considerations include insurance coverage limits, liability disputes, and the credibility of evidence. Insurance companies often attempt to minimize payouts, but an experienced personal injury attorney can negotiate aggressively and take the case to court if necessary.
At Phillips Law Offices, we have decades of experience evaluating these factors to ensure clients receive the maximum compensation available under Illinois law.
The Role of an Experienced Personal Injury Attorney
Proving fault and calculating fair compensation are complex legal processes that require deep understanding of Illinois law and attention to detail. Having an experienced personal injury attorney by your side can make a decisive difference in the outcome of your case.
At Phillips Law Offices in Chicago, our attorneys gather evidence, interview witnesses, consult experts, and handle negotiations with insurance companies on your behalf. We are committed to protecting your rights and ensuring that you are treated fairly throughout the legal process.
We also work on a contingency fee basis, meaning you pay no legal fees unless we win your case. This ensures that everyone, regardless of financial situation, can access high-quality legal representation when they need it most.
If you’ve been injured and are unsure who was at fault or how much your claim might be worth, our team is ready to guide you every step of the way.
Contact Phillips Law Offices in Chicago, Illinois
If you or a loved one has been injured in an accident, determining fault and calculating fair compensation can be challenging without professional help. At Phillips Law Offices, we have been representing injured individuals across Illinois for decades with dedication, skill, and compassion.
Address: 161 N Clark St, Suite 4925, Chicago, IL
Call us today: (312) 598-1829
Free Consultation | No Fee Unless You Win
Our experienced attorneys will review your case, explain your legal options, and fight for the justice and compensation you deserve. Do not let insurance companies undervalue your claim — reach out today and protect your rights with a trusted Chicago law firm.
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