This is the next article in my series on the handling of brain injury cases in Peoria, Illinois. My last article explained the need for expert witnesses in a brain injury case. It is important to understand that such matters involve complex medical issues as well as complicated financial calculations. The rules of evidence require that the Court deem one an “expert” in order for them to be able to testify in regard to such issues. This means that it is vital that you retain an attorney who is experienced in dealing with such experts. In this article I will discuss how the concept of “comparative fault” can impact the amount of damages which a victim may be entitled to. If you or a loved one are in need of assistance then contact my office today to speak with a Peoria brain injury lawyer.
Illinois brain injury victims may receive less compensation if they were partially at fault for the accident
I have previously discussed how comparative fault applies to trucking accident cases. These same concepts apply when one has suffered a brain injury. Illinois allows a victim to receive compensation even if they bear partial responsibility for the accident. The compensation awarded to a victim will be reduced by the extent to which they bear responsibility. If a victim is found to be fifty percent, or more, responsible for the incident then they will receive no compensation. The extent to which each side should be considered “at fault” is decided by the jury at the time of their deliberations.
The above-referenced concepts are likely best explained through example. Suppose an individual is the victim of a car accident and they suffer a blow to the head during the wreck. The individual suffers a traumatic brain injury and is partially disabled as a result. It is determined that the victim’s damages total two million dollars. The evidence shows that the victim ran a stop sign and was hit by another car. The evidence also shows, however, that the other driver was texting on their phone as opposed to watching the road. The jury determines that the victim is forty percent responsible for the accident, due to his running the stop sign, and that the defendant was sixty percent responsible for the wreck. Under this scenario, the victim would receive $1.2m ($2m – 40%) in damages. It must be remembered, however, that how a jury will rule in any given situation will always depend on the facts of the matter.
It is important that Peoria brain injury victims retain an attorney with trial experience
The concept of comparative fault raises complicated legal and factual issues. It is important that you retain an attorney who can break these concepts down in a way that is clear, concise, and possible for the jury to follow. If your case is not presented to the jury in a way that is understandable then it is possible that they will rule against you even if the facts are on your side. This is why you should retain a firm with an emphasis in serious injury cases and which has experience in presenting such matters to juries. Doing so will help to increase your chances of receiving the representation you need.
I am a Peoria brain injury lawyer who has experience in presenting complicated facts to a jury. Also, my office prides itself on providing the highest levels of service. This includes making sure that we return phone calls, that we promptly respond to emails, and that your questions are timely answered. We believe in protecting the rights of people, as opposed to insurance companies, and we will make your case is a priority. Contact us online or by telephone to schedule an initial consultation. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.