man with injured hand is speaking with lawyer

Understanding Comparative Fault in Illinois Injury Cases

If you have been hurt in an accident in Illinois, one of the first questions you may have is whether you can still recover damages if you were partly responsible for what happened. The answer often depends on something called comparative fault, a legal concept that can greatly influence the outcome of your case. Knowing how this rule works is essential before you speak to an insurance company or agree to a settlement.

Attorney Michael J. Brennan has spent decades helping injury victims across Illinois understand their rights and recover the compensation they deserve. If you have questions about your situation, do not wait to get legal advice. Contact our office today for a free consultation.

What Comparative Fault Means in Illinois

Comparative fault is a system that determines how much responsibility each person has for causing an accident. Instead of one side being completely at fault, the law allows fault to be divided into percentages. This means both parties can share some responsibility, and the amount you recover is reduced by your share of fault.

This approach is different from the older contributory negligence rule used in some states, where any fault on your part could prevent you from getting compensation. Illinois follows a more balanced rule that takes into account the actions of everyone involved.

The Illinois Modified Comparative Fault Rule

Illinois uses a rule known as modified comparative fault with a fifty one percent bar. Under this law, you can recover damages if you are fifty percent or less at fault for the accident. If you are found to be fifty one percent or more at fault, you cannot recover any damages at all.

Here is a simple example. Suppose you are awarded one hundred thousand dollars in damages. If the court finds you twenty percent at fault, your award will be reduced by twenty percent, which means you would receive eighty thousand dollars. On the other hand, if you were found fifty five percent at fault, you would receive nothing.

This rule is set out in the Illinois Code of Civil Procedure and it plays a central role in nearly every personal injury case in the state.

How Fault Is Determined in Illinois Injury Cases

Deciding the percentage of fault in an injury case is not always straightforward. Insurance companies, attorneys, and sometimes juries all have a say in the process. They rely on evidence such as police reports, witness statements, photographs, and in some cases, expert testimony.

The way this evidence is presented can make a major difference in the outcome. An insurance company may try to assign you a higher percentage of fault in order to lower the amount they have to pay. This is one reason why having experienced legal representation is so important.

Common Situations Where Comparative Fault Comes Into Play

Comparative fault can apply in many different types of personal injury cases.

  • Car accidents where both drivers made mistakes, such as speeding while another failed to yield.
  • Slip and fall cases where a property owner failed to address a hazard but the injured person ignored posted warnings.
  • Pedestrian accidents where a driver was distracted and the pedestrian crossed outside of a crosswalk.

Even if you believe you may share some blame for an accident, Illinois law may still allow you to recover damages. It is always worth having an attorney review your case before making any assumptions.

The Impact of Comparative Fault on Settlements

In settlement negotiations, comparative fault often becomes a powerful bargaining tool for insurance companies. If they can argue that you were more at fault than you actually were, they can justify reducing their settlement offer.

Without strong legal advocacy, you may end up accepting far less than your claim is worth. An attorney can gather the right evidence, challenge inflated fault percentages, and work to ensure your recovery reflects the true facts of the case.

lawyer is consulting client with hand injury

Why Working With Attorney Michael J. Brennan Matters

Attorney Michael J. Brennan has a deep understanding of Illinois personal injury laws and a proven record of protecting his clients from unfair fault assignments. He knows how insurance companies operate and uses strategic negotiation and trial skills to maximize compensation.

From the first consultation, you will receive clear guidance and strong representation. Having an attorney by your side can be the difference between a reduced payout and a fair settlement that supports your recovery.

Protect Your Rights Under Illinois Comparative Fault Law

In Illinois, you can still pursue compensation even if you share some responsibility for an accident, as long as you are fifty percent or less at fault. However, the percentage assigned to you will directly affect the amount you recover. Understanding this rule and presenting your case effectively is crucial to getting the best outcome.

Do not let uncertainty about comparative fault stop you from seeking justice. Contact Attorney Michael J. Brennan today for a free consultation and get the experienced legal help you need to protect your rights and secure the compensation you deserve.