Accidents are rarely as straightforward as they seem. After a car crash, slip and fall, or other personal injury incident, it’s common for each party to have a different version of what happened. Many people assume that if they were even slightly at fault, they cannot recover compensation. Fortunately, that is not how Illinois law works.
If you’ve been injured in Geneva, Batavia, St. Charles, or elsewhere in Kane County, you may still have the right to pursue compensation, even if you share some responsibility for the accident.
How Comparative Fault Works in Illinois
Illinois follows a legal rule known as modified comparative negligence. Under this rule, an injured person can recover damages as long as they are 50% or less responsible for the accident.
However, your compensation will be reduced by your percentage of fault.
For example:
- If your damages total $100,000 and you are found to be 20% at fault, you could still recover $80,000.
- If you are found to be 51% or more at fault, you generally cannot recover compensation under Illinois law.
This is why determining fault is one of the most important parts of any personal injury claim.
Insurance Companies Often Try to Shift the Blame
After an accident, insurance companies frequently look for ways to reduce the amount they pay. One common strategy is arguing that you were partially responsible for what happened.
For example, an insurer may claim you:
- Were driving too fast for road conditions
- Failed to notice a hazard
- Were distracted before the accident
- Didn’t react quickly enough to avoid a collision
Even if these arguments have little merit, they can influence settlement negotiations if they are not challenged with strong evidence.
Evidence Can Make the Difference
Building a successful personal injury claim often comes down to the facts.
Important evidence may include:
- Police or accident reports
- Photographs and videos
- Witness statements
- Medical records
- Surveillance footage
- Expert accident reconstruction, when necessary
The stronger the evidence, the more difficult it becomes for an insurance company to unfairly increase your percentage of fault.
Every Case Is Different
No two accidents are exactly alike. A car accident, motorcycle crash, dog bite, or slip and fall each presents unique legal and factual issues. That’s why it’s important not to assume you don’t have a case simply because someone says you were partially responsible.
An experienced personal injury attorney can evaluate the circumstances, explain how Illinois law applies, and help protect your right to fair compensation.
Contact O’Brien Law LLC
If you’ve been injured in Geneva, Batavia, St. Charles, or anywhere in Kane County, don’t let an insurance company decide your case before you’ve had the opportunity to understand your rights. At O’Brien Law LLC, we help injury victims navigate the legal process, challenge unfair fault determinations, and pursue the compensation they deserve.
Contact O’Brien Law LLC today for a free consultation. We’ll answer your questions, explain your options, and help you move forward with confidence.
