One of the most substantial factors in determining the settlement amount for a rear-end accident claim is the degree of driver negligence and cause of the rear-end accident. Most states, including Missouri, Illinois, and Kansas, have comparative negligence systems to determine who is liable for damages.

Missouri uses a pure comparative negligence system, while Kansas and Illinois use a modified one. Under both systems, the court will assign percentages of fault to all involved parties.

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Missouri’s pure comparative negligence allows an injured person to recover even if they were up to 99 percent at fault in the accident. By contrast, Kansas has a modified comparative negligence system that only allows for recovery of damages if the injured person is less than 50 percent at fault. If the victim is 50 percent or more at fault, they cannot recover. Illinois has a slightly different law, applying the so-called 51 percent rule, which allows an injured victim to collect damages as long as they are not more at fault than the defendant.

In all three states, if you are partially responsible for the accident, your compensation will be reduced in proportion to your share of the blame. For example, if you are 20 percent at fault for the accident, you can recover only 80 percent of your total damages.

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In addition to fault, other factors influencing how much you might receive in a rear-end car accident settlement include the following:

• The severity of the accident and the extent of your injuries
• Whether you lost wages due to your injury
• The impact the injury has had on your earning capacity
• The number of parties involved in the accident
• The type and amount of insurance coverage that is available for compensation
• The medical bills you have and expect to have in the future, including doctor visits, tests and scans, medications, hospital stays, physical therapy, and other treatments
• The strength of the evidence presented in your case

Perhaps the greatest determinant of your rear-end accident settlement is the experience and knowledge of your car accident lawyer. The right attorney will have the skills to develop legal arguments that others may miss, the finesse to negotiate for a better settlement offer, and the zealousness to take your case to trial if necessary.

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