Is Illinois a No Fault State?

Thirty-eight states in the US are fault-based for car accidents and other personal injury cases. Illinois is a fault-based state. This is important if you are hurt in an accident in Illinois because you must prove that the other party caused the accident to receive compensation for your injuries.

Learn about fault and no-fault states in this article, and if you have questions about a recent accident, the personal injury lawyers at The Law Office of Jack M. Shapiro can help you. Our experienced personal injury attorneys can represent you in Illinois for motor vehicle accidents, product liability, medical malpractice, dog bites, wrongful death, and more.

Fault vs. No-Fault States

Illinois is a fault state, also known as a tort state, for car and most other types of accidents. If you were hurt in an accident caused by another party, they must compensate you for your losses, such as medical bills, lost earnings, and pain and suffering. You must prove that the other party’s negligence or wrongful act caused the accident and your resulting damages. In a fault-based state, you would contact the negligent party’s insurance company for compensation for your losses.

On the other hand, a no-fault state is one where each party in an accident would use their own insurance to file a claim and recover compensation, regardless of fault. Approximately 12 states have no-fault systems for most personal injury claims. In a no-fault claim, you would typically file your claim with your own insurance company, which would cover your initial damages.

If an injury meets specific criteria, the injured party may still be able to file a personal injury claim against the other party. This could be the case for catastrophic injuries, such as an amputation or severe brain injury.

How to Prove Liability in an Illinois Accident

Illinois is a fault-based state for personal injury claims, including auto accidents, medical malpractice, product liability, wrongful death, and more. You must show the other party, such as a vehicle driver, was responsible for the incident that injured you. This applies whether you file a personal injury claim with the defendant’s insurance company or sue them in civil court. Proving the other party was at fault in Illinois means showing that:

• The other person had a duty of care owed to you. For instance, in a car accident, the other driver had a duty of care to drive safely and not injure other motorists.
• The other person breached the duty of care by, for example, drinking and driving and hitting your vehicle.
• The breach of the duty of care caused the accident and your resulting injuries and damages.

It’s possible to prove that another person or entity caused you damages in a minor accident, such as a fender bender. In a serious incident, such as a major car accident or medical malpractice claim, it is critical to have a skilled car accident lawyer fighting for your rights.

Contact Our Personal Injury Attorneys Today

Were you injured recently in an accident in Illinois? Whether it was a car accident, truck crash, medical mistake, or product injury, you could be entitled to compensation from the liable party. However, proving fault can be challenging in many cases, even if it seems ‘obvious’ that the other party injured you. Insurance companies are skilled at denying claims and introducing doubt about accident liability. Don’t let this happen to you.

Were you injured recently in an accident in Illinois? Whether it was a car accident, truck crash, medical mistake, or product injury, you could be entitled to compensation from the liable party. However, proving fault can be challenging in many cases, even if it seems ‘obvious’ that the other party injured you. Insurance companies are skilled at denying claims and introducing doubt about accident liability. Don’t let this happen to you.

You need a skilled attorney to build a persuasive legal case to ensure the at-fault party pays you for your losses. Our personal injury lawyers at The Law Office of Jack M. Shapiro are experienced in holding negligent parties accountable for their actions. Contact our law offices today (847) 243-8917 for a free personal injury claim consultation. Our car accident lawyers aren’t paid unless we obtain compensation for you.