Yes, depending on your level of responsibility. Illinois is a “modified comparative negligence” state, which means that a judge or jury will examine the facts of your case and assess each party’s relative fault.
As long as you are no more than 50 percent at fault for your injuries, you are entitled to recover damages. Your damages will be reduced by your percentage of fault. For example, if you were awarded $300,000 in damages, but were found to be 20 percent at fault for your injuries, then your damages would be reduced by 20 percent, or $60,000, and your total recovery would be $240,000.
Determining your role in an accident is crucial to securing a full and fair recovery. An experienced attorney can help you understand how your actions may play into a jury’s damages calculation, so you can make an informed decision on how best to proceed.