Understanding Comparative Fault
In Missouri & Illinois
You may still be entitled to compensation even if you were partially responsible for the accident.
ILLINOIS
MODIFIED COMPARATIVE NEGLIGENCE
✓
Recover compensation if you are 50% or less at fault.
✓
Your recover is reduced by your percentage of fault.
✓
More than 50% at fault?
Recovery is generally barred.
EXAMPLE
$
$100,000
DAMAGES
30%
AT FAULT
✓
$70,000
RECOVERY
Missouri
PURE COMPARATIVE NEGLIGENCE
✓
Recover compensation even if you are mostly at fault.
✓
Your recovery is reduced by your percentage of fault.
✓
No fault threshold bar.
EXAMPLE
$
$100,000
DAMAGES
90%
AT FAULT
✓
$10,000
RECOVERY
Determining Fault Involves Careful Review of Evidence
Police Reports
Wellness Statements
Photo & Video Footage
Medical Records
Accident Reconstruction
Why Legal Representation Matters
Insurance companies often try to place a greater percentage of blame on injured individuals to reduce payouts.
Even a small increase in fault can significantly reduce the compensation available to an injured person.
An experienced attorney can help evaluate evidence and protect your interests throughout the claims process.
What Happens If You're Partly At Fault
ACCIDENT OCCURS
INVESTIGATION BEGINS
FAULT ASSIGNED
COMPENSATION CALCULATED
RECOVERY DETERMINED
Don't Assume You Don't Have A CAse
