When you’re injured in an accident, proving who was at fault is key in determining whether you can recover compensation. If you played a role in causing or worsening your injuries, comparative negligence could affect your personal injury claim.
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In Illinois, personal injury claims follow modified comparative negligence laws. The amount you can recover depends on your level of fault in the accident. If you’re partially responsible, your compensation may be reduced—or even denied entirely.
Whether you were injured in a car accident, slip and fall, or another personal injury incident, knowing how comparative negligence impacts your claim is crucial. Contact Ankin Law at 312-600-0000 for a free consultation with our Chicago personal injury attorneys.
What Is Comparative Negligence?
Comparative negligence is a legal principle that reduces an injured party’s compensation based on their percentage of fault in an accident.
There are three main types of negligence rules followed in the U.S.:
- Pure Contributory Negligence – In states that follow contributory vs. comparative negligence, plaintiffs cannot recover damages if they are even 1% at fault for the accident.
- Pure Comparative Negligence – Plaintiffs can recover damages regardless of their percentage of fault in pure comparative negligence states, but their compensation is reduced accordingly.
- Modified Comparative Negligence – Plaintiffs can recover only if they are less than 50% or 51% at fault, depending on the state.
Illinois’ Comparative Negligence Laws
Illinois follows a modified comparative negligence rule. Injured parties can recover compensation if they are not more than 50% responsible for an accident, but their award will be reduced accordingly. If the plaintiff is found to be 51% or more at fault, they cannot recover any compensation.
For example, if you are in a car accident and awarded $100,000 in damages but are found 30% at fault, your compensation would be reduced by 30%, leaving you with $70,000. However, if you were found 51% at fault, you would receive nothing.
How Comparative Negligence Affects Compensation in Illinois Injury Cases
When filing a personal injury claim in Illinois, the amount you receive depends on the percentage of fault assigned to each party. In cases that proceed to court, the jury determines the percentage of liability between two or more parties.
Example Scenarios Demonstrating the Impact of Comparative Negligence
There are a variety of scenarios in which comparative negligence laws may play a role in compensation.
Car Accident Scenario
A driver runs a red light and hits another vehicle. The injured driver was speeding at the time. The court finds the injured driver 20% at fault and the other driver 80% at fault. If the total damages are $50,000, the injured driver receives $40,000 after a 20% reduction.
Slip and Fall Case
A person slips on an icy sidewalk outside a store. The property owner failed to clear the ice, but the injured person was texting while walking. The court assigns 30% fault to the injured person. If the total damages are $20,000, they receive $14,000 after the reduction.
Proving Fault in an Illinois Personal Injury Case
Proving fault in an Illinois personal injury case requires strong evidence to demonstrate the other party’s negligence while minimizing your own level of responsibility. This evidence may include police reports, particularly in car accident cases, as well as witness statements, surveillance footage, medical records, and expert testimony from professionals like accident reconstruction specialists.
Insurance companies often attempt to reduce their payout by increasing the injured party’s percentage of fault. They may argue that the injured person was distracted or reckless, claim that warning signs were ignored, or use recorded statements to shift blame. Working with a personal injury lawyer in Illinois can help counter these tactics and protect a claim from unfair reductions.
Comparative Negligence in Different Types of Injury Claims
Illinois’ comparative negligence laws apply to various types of personal injury cases.
Car Accidents
Most personal injury cases in Illinois involve car accident claims and lawsuits. According to the Illinois Department of Transportation (IDOT), there have been 72 fatal car accidents in the state in early 2025. Accidents frequently occur and involve serious or fatal injuries in many instances, warranting compensation from negligent drivers or others responsible for these crashes. Multi-vehicle collisions often involve shared fault, and insurance companies may attempt to argue that a driver was distracted, speeding, or following too closely.
Slip and Fall Accidents
People can suffer slip and fall accidents in many locations, including restaurants and supermarkets or other types of public spaces. Slip and fall accidents also fall under comparative negligence, as property owners have a duty to maintain safe premises, but injured individuals must also take reasonable precautions. If a person ignores visible hazards, they may be assigned partial fault.
Medical Malpractice Incidents
In medical malpractice cases, a patient’s actions—such as failing to follow medical advice—can impact their claim, with medical providers arguing that the patient contributed to their own injuries.
Product Liability
Product liability cases involve strict liability, meaning manufacturers, distributors, and retailers can be held responsible for defective products even if they weren’t negligent. Despite strict liability, comparative negligence may still reduce or bar compensation in certain situations, and product manufacturers and their attorneys frequently try to increase an injured person’s percentage of fault to reduce payouts. They may assert that misuse of the product, failure to follow warnings or instructions, or the modification of the product caused or contributed to the person’s injuries.
Steps to Take if You’re Partially at Fault
If you believe you may be partially at fault for your accident, take the following steps to protect your claim.
1. Do not admit fault – Anything you say can be used against you.
2. Gather evidence – Take photos, collect witness statements, and secure surveillance footage.
3. Seek medical attention – Documenting your injuries helps prove damages.
4. Consult a personal injury lawyer – An attorney can help negotiate your fault percentage.
Why an Injury Lawyer Is Essential for Comparative Negligence Cases
In any type of personal injury case, it’s in your best interest to have an experienced Chicago personal injury lawyer by your side. A personal injury lawyer provides critical assistance in these cases by investigating the incident, gathering evidence, and proving the other party’s negligence. They also negotiate with insurance companies to reduce any assigned fault and, if necessary, take the case to court to pursue the maximum compensation available.
Informing You of Local Laws and Other Legal Matters
One way an attorney could assist you is by informing you of everything you need to know about negligence, torts, and personal injury law, including laws and rules that are specific to Illinois or another state where your case takes place.
This kind of knowledge can help you make important decisions regarding your case while explaining what your attorney plans to do.
Determining and Proving Liability
Your attorney will work to identify all liable parties involved in your case and figure out the percentage of liability among each based on the events that occurred and the evidence available.
Types of evidence your attorney may gather and review include:
- Medical records
- Police reports
- Photos of the accident scene, property damage, and your injuries
- Video footage from dashcams and/or nearby surveillance cameras
- Witness statements
In more complicated cases, your attorney may work with accident reconstructionists or other types of experts to determine how your accident happened and what caused it. This is especially true in multi-car pileups and accidents that involve dangerous products or hazardous property conditions.
Identifying and Calculating All Damages
Accounting for all your current and future losses is critical in determining the value of your case. Your attorney will review your medical bills, medication receipts, lost wages, and other financial losses to calculate your economic damages. They will also consider how your injuries impact your life, now and in the future, to estimate your noneconomic damages. Suffering from chronic physical pain, PTSD, or a permanent disability will generally increase your award.
Negotiating Insurance Claims
With evidence collected and compensation calculated, your lawyer will begin negotiations with the liable party and/or their insurance company.
Insurance companies often try to reduce payouts by disputing liability, downplaying injuries, or shifting blame onto the victim. Under Illinois’ comparative negligence laws, insurers may argue that you were partially responsible for your injuries to lower the amount they must pay—or deny your claim entirely if they can assign 51% or more fault to you.
During negotiations, your lawyer will:
- Present strong evidence proving the other party’s fault and the extent of your damages.
- Counter insurance company tactics designed to assign you more blame than you deserve.
- Justify the full value of your claim based on medical expenses, lost wages, pain and suffering, and future financial impact.
- Negotiate a fair settlement that maximizes compensation while considering any percentage of fault assigned to you.
If the insurance company refuses to offer a reasonable settlement, your lawyer may recommend filing a personal injury lawsuit to pursue compensation in court.
Filing a Personal Injury Lawsuit
Most personal injury cases settle during negotiations outside the courtroom, but sometimes it takes filing a lawsuit to let the defendant know that you are serious about obtaining fair compensation for your losses and protecting your rights. If the other party still refuses to offer you a fair settlement after taking legal action, or they continue to try to misplace blame for your accident, trial may be necessary.
Your attorney will help you prepare for court, and make sure you understand the steps in a personal injury lawsuit. Knowing what to expect can help you make informed decisions about settlement offers as your case progresses.
What Happens If Your Case Goes to Court?
Once a lawsuit is filed, the case moves into the litigation phase, which includes:
- Discovery – Both sides exchange evidence, take depositions, and gather expert testimony to support their claims.
- Motions and Hearings – Attorneys may file legal motions to dismiss claims, exclude certain evidence, or resolve disputes before trial.
- Mediation or Further Negotiations – Negotiations typically continue until personal injury cases resolve, even throughout trial.
- Trial – If a settlement is not reached, the case goes to court, where both side present their arguments before the judge and jury.
The jury will weight the evidence and determine whether you played a role in the accident that caused your injuries. If they decide that you failed to use ordinary care in your own safety, and that failure was a proximate cause of the incident, the jury will assign a percentage of fault to you. If your level of contributory negligence is determined to be 50% or less, your award will be reduced in accordance with your percentage of fault. If the jury decides that you were 51% or more at fault, you will be barred from recovering compensation for your injuries through the court system.
Let Ankin Law Protect Your Right to Compensation
Under Illinois’ modified comparative negligence rule, the defense may try to argue that you are at least 51% at fault to bar you from recovering damages. Our skilled personal injury attorneys will work to disprove these claims and fight for the maximum compensation available. With decades of experience handling personal injury cases, Ankin Law knows how to counter insurance company tactics, gather compelling evidence, and present a strong case on your behalf. Whether through negotiation or litigation, we are committed to securing the financial recovery you deserve.At Ankin Law in Chicago, we help clients recover full and fair compensation based on all losses sustained. Contact us to schedule your free consultation.
