If you were partially at fault for your injury in Illinois, you may still be able to recover compensation under the state’s modified comparative negligence statute. This law allows injured victims to pursue damages even when they share some responsibility, so long as they are less than 51% at fault for the accident. However, your total financial recovery may be reduced by your percentage of fault.
For example, if you were found to be 25% responsible for a car crash and your total damages were valued at $400,000, you could still receive $300,000. However, if you were 51% or more at fault instead, you would be barred from recovering any damages. It’s important you contact a personal injury lawyer in Chicago if you are seeking guidance for compensation.
This rule applies to most personal injury cases in Illinois, including car accidents, truck accidents, medical malpractice, and more.
How Modified Comparative Negligence Works in Practice
Illinois follows what’s known as a “modified comparative negligence” system with a 51% bar to recovery. Under this standard, you can seek compensation only if your share of fault is 50% or less. Courts determine the percentage of fault for each party based on all of the available evidence.
This percentage directly impacts how much you can collect in a settlement or jury verdict. Insurance companies often try and take advantage of this system by arguing that you were more at fault than you really were, hoping to reduce your payout so that they can protect their profits.
This is one reason why having an experienced personal injury lawyer on your side is so important. Your attorney can respond to allegations of blame appropriately and help you maintain the full value of your claim as best as the law allows.
Examples of Shared Fault in Illinois
There are many situations where multiple parties may share blame for an accident. Some common examples include:
- A driver speeds through an intersection while another fails to yield the right of way
- A pedestrian crosses the street outside of a crosswalk when a distracted driver hits them
- A shopper slips on a wet floor after stepping in a puddle prior to entering the establishment
- A worker fails to wear safety equipment while using defective machinery
In each of these cases, the victim may still have a valid claim for damages if their share of fault is less than 50%.
How an Illinois Personal Injury Lawyer Can Help
If you think you were partly at fault for your accident, don’t assume that you can’t recover compensation nonetheless. A skilled attorney can take steps like investigating the facts and circumstances of your case, collecting supporting evidence, and negotiating with insurance companies on your behalf.
Keep in mind as well that in some specific kinds of cases, like workers’ compensation, it doesn’t matter whether you caused the accident in question (with only rare exceptions, like if you injure yourself on purpose).
Schedule a Free Consultation With a Personal Injury Lawyer in Illinois
Illinois law doesn’t automatically disqualify you from recovering compensation just because you share some of the blame for your injury. You may still be entitled to significant damages under the state’s modified comparative negligence law, so it’s worth looking into your legal options even if you aren’t sure of what might happen.
Contact Meyers & Flowers today at (630) 232-6333 or by sending us a message online for a free consultation. We work on a contingency fee basis, meaning we only get paid if we recover compensation for you.