What if I was partly to blame for my own injuries?

In many cases, it is still possible to obtain compensation even if your own actions contributed to causing your accident. Do not give up on your case without seeking legal assistance.

Illinois follows a “modified comparative fault” rule. This means you may file a personal injury claim and obtain compensation as long as the defendant was 51 percent or more responsible for your injuries. Your compensation is reduced based on the percentage of fault attributed to you. For example:

• If you were 55 percent responsible for your accident, you may not recover compensation
• If you were 40 percent responsible and your accident caused $10,000 in damages, your compensation would be reduced by $4,000 (40 percent), while the defendant would pay the remaining $6,000
• If the defendant was 90 percent responsible for your injuries, and $10,000 in damages occurred, the defendant would pay $9,000 (90 percent).