Can I file a personal injury case if I was partially at fault for my injury?

Terrence M. Quinn: Yes. You can still be compensated if you were partly at fault. The law does not bar a lawsuit because you were partially responsible, although the jury may decide how much fault each side bears.

Attorney Terrence M. Quinn · Car Accidents · 30-second answer

Transcript

Automatically transcribed from the video’s audio and lightly edited.

A person can still be compensated for their injuries even if they were at fault for causing it. The law does not bar a person from bringing a lawsuit because they were partially responsible. That might be a question for the jury to decide, but it does not stop you from filing a lawsuit.

Note: Under 735 ILCS 5/2-1116, an injured person is barred only if more than 50% at fault. At exactly 50% the claim survives, with the award reduced by the person’s share of fault.

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