Many people wonder what happens if an injury victim is partially at fault for the incident that caused them harm. Under Illinois comparative negligence laws, victims who are partially responsible for their injuries can still recover compensation. Illinois works under a modified comparative negligence rule that holds that an injured plaintiff can obtain damages from a negligent party if the plaintiff is not more than 50% at fault for the incident.
However, the total amount of compensation awarded to a plaintiff will be reduced based on the percent of fault they had for the incident. For example, if a plaintiff is awarded $100,000 for their injuries, but they are found to be 20% at fault for the incident, they will receive only $80,000 of the total damages awarded.