Can I still recover compensation if the accident was my fault?

Stephen D. Phillips: Yes, if you are less than 50% at fault. If a jury finds you more than 50% responsible you cannot recover; otherwise your recovery is reduced, so $100,000 in damages with 30% fault means $70,000.

Attorney Stephen D. Phillips · Car Accidents · 49-second answer

Transcript

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

If the evidence shows that the plaintiff is less than 50% at fault with regard to the accident, yes, a plaintiff can recover for injuries and damages. However, if the jury finds when looking at the totality of the injuries and damages that the plaintiff’s conduct was over 50% responsible for his own or her own injuries, then the plaintiff cannot recover. That’s called comparative fault. As an example, if a plaintiff is injured and suffered $100,000 worth of damages, but a jury finds them 30% responsible for the accident or their injuries, then their total recovery is $70,000. That’s how comparative fault works in Illinois.

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.

Keep reading

• Read: partially at fault in a personal injury case
• Comparative negligence in Illinois
• More car accidents videos from Stephen D. Phillips
• Chicago car accident lawyers
• About Stephen D. Phillips