In Illinois, personal injury claims are settled following the comparative negligence law which may be examined by a judge or a jury. Following the law, both parties may be found at-fault but claims will depend on the degree of responsibility by the parties involved.
Generally, you may collect damages in comparative negligence provided you were at fault for 50% or less for the accident. However, this doesn’t immediately grant you full compensation as your claim may be reduced depending on your degree of responsibility. If you were found to be 20% at fault for the accident, you may only be rewarded 80% of your total claims.