Worried that your own mistake wrecks your injury claim? In Illinois, being partly at fault usually doesn’t end your case.
The state uses a rule called comparative negligence. As long as you weren’t mostly to blame, you can still recover, just reduced by your share of the fault. Four of our attorneys break it down, starting with senior attorney Stephen D. Phillips.
What Our Attorneys Say
Stephen D. Phillips — Senior Attorney
“If you have a work injury you believe is your fault, what we can do is look at the facts and determine how much fault your conduct played and how much another person’s conduct played. In Illinois we have what’s called comparative negligence. You take 100 percent of the fault and divide up how much was caused by the injured person and how much by others. The damages are then reduced by the share caused by the injured person.”
Stephen J. Phillips
“Illinois has what’s called a comparative fault system of negligence. What that means is that even if an injured person is partially at fault for an accident, they can still recover.”
“The jury looks at 100 percent of the fault and says, okay, person A is 50 percent at fault, person B is 25 percent, and the injured person maybe 25 percent. Everybody’s fault totals 100 percent. The jury assesses how much the injured person contributed to their own injury and makes a deduction for that percentage.”
Terrence M. Quinn
“If you are partially at fault for your injury, Illinois has a comparative fault system that dictates how responsibility for an accident is shared between the parties. To be specific, Illinois follows modified comparative negligence. As long as the injured person’s fault is less than 50 percent, they can still recover damages. You can be compensated even if you were partially at fault.”
How Comparative Negligence Works
The idea is simpler than the name.
After an accident, fault gets divided into percentages that add up to 100. If the other driver was 75 percent responsible and you were 25 percent, you still recover. Your award just drops by your 25 percent. Win $100,000 and you take home $75,000.
The One Rule That Can End Your Case: The 50% Bar
Illinois uses modified comparative negligence, and there’s a hard line inside it.
If you’re found more than 50 percent at fault, you recover nothing. That’s why the fight over each percentage point matters so much. Pushing your share from 55 percent down to 45 percent isn’t a small difference. It’s the difference between a full recovery and zero.
Why Insurers Love to Blame You
Expect the other side to argue you were more at fault than you really were.
Every percentage point of blame they pin on you is money out of your pocket. And if they can push you past 50 percent, they pay nothing at all. Our Chicago car accident lawyers fight that number with evidence and keep your share of the fault as low as the facts allow.
What About a Work Injury That Was Partly My Fault?
As Stephen D. points out, the same fault analysis comes into play.
Workers’ compensation itself is no-fault, so your own mistake usually won’t stop you from receiving comp benefits. But when a third party is involved, comparative negligence shapes what you can recover from them. Our Chicago workers’ compensation team handles both sides of that.
Talk to a Chicago Personal Injury Lawyer
Being told you were partly to blame doesn’t mean you have no case. In Illinois, it usually means a reduced recovery, not none at all. Let us look at the facts.
Call (312) 346-4262 for a free consultation. You pay nothing unless we win.
Frequently Asked Questions
Can I recover if I was partly at fault in Illinois?
Yes, as long as you were 50 percent or less at fault. Your compensation is reduced by your share of the blame, but you still recover.
What happens if I was more than 50% at fault?
Under Illinois’ modified comparative negligence rule, a person found more than 50 percent at fault recovers nothing. That’s the threshold that decides many cases.
How is my percentage of fault decided?
The insurance companies weigh it first, and if the case goes to trial, a jury decides. Both look at the evidence, which is where an attorney makes a real difference.
