In Illinois, if you are in an accident and partly at-fault, you may still be entitled to compensation for your injuries and damages.
Sometimes after an accident, you may feel partially responsible. This is true after a vehicle collision, a slip and fall situation or many other types of accidents. With those thoughts, you may figure that you may not have any legal recourse, but you might be wrong. In Illinois, if you are in an accident and you are partly at-fault, you very well may still be entitled to compensation for your injuries and damages. If the accident is fifty percent or less your fault, your recovery will depend on “comparative negligence.” Illinois has a modified comparative negligence statute (735 ILCS 5/2-1116) as the standard for recovery of damages.
Instead of going into the legalities of comparative negligence, let me illustrate: Let’s say you were in a car accident and you suffered injuries. Your case goes to trial and the jury awards you $100,000. The jury also determines that you were 25% at fault for the accident. Therefore, your jury award would be $75,000. Now, if the jury determined that you were 55% at fault for the accident, you would get nothing. If you are 50% or less at fault, you can recover compensation. In those cases, any damages would be reduced in proportion to your fault.