If you were hurt in an accident in Schaumburg or nearby areas like Arlington Heights, Palatine, or Rolling Meadows, one key legal issue in your case could be comparative fault. Many people think they cannot get compensation if they were partly at fault, but that is not true under Illinois law.
At SJ Injury Law, I often talk to people who were blamed for accidents before anyone fully investigated what happened. Insurance companies sometimes try to put the blame on the injured person to lower what they have to pay. Knowing how Illinois comparative fault rules work can make a big difference in your personal injury case.
Illinois follows a modified comparative fault system. This means you can still get compensation if you were partly at fault for the accident, as long as you were not more than 50 percent responsible.
This means more than one person can share fault. For example, if another driver ran a red light in Schaumburg but you were speeding a little, the insurance company might say you also caused the accident. Even if they succeed, you can still get compensation if your share of fault is 50 percent or less. However, your compensation is reduced by your percentage of fault.
Comparative fault directly impacts how much money you may recover. Here is a simple example:
Suppose your damages total $100,000 after a serious car accident in Elk Grove Village. If a jury determines you were 20 percent at fault, your compensation would be reduced by 20 percent. That means you would recover $80,000 instead of the full amount.
Insurance companies know this rule well and often use it during negotiations. Even a small increase in your percentage of fault can lower the value of your case by a lot.
That is why I focus heavily on evidence, witness statements, crash reports, surveillance footage, and accident reconstruction when building a personal injury claim. The facts matter because every percentage point can affect your financial recovery.
One of the most frustrating parts of personal injury cases is how quickly insurance adjusters try to blame the injured person. They may argue you were distracted, failed to react quickly enough, or ignored warning signs. In slip and fall cases, they often claim the hazard was “open and obvious.” In car accidents, they may argue you were speeding or following too closely.
These tactics are common because comparative fault gives insurers a financial incentive to reduce your compensation.
I have handled cases throughout Schaumburg, Buffalo Grove, Des Plaines, and Mount Prospect where injured people were initially blamed unfairly. Once we gathered evidence and challenged the insurance company’s version of events, the case outcome changed dramatically.
Comparative fault is not limited to car accidents. It can apply to almost any personal injury claim in Illinois, including:
For example, if a property owner failed to remove ice outside a business in Rolling Meadows, the defense may argue that you were not paying attention while walking. In a trucking case, they may claim you made an unsafe lane change before the crash. Comparative fault issues can appear in nearly every type of injury case.
The strongest personal injury cases are built on evidence collected early. Waiting too long can hurt your ability to prove what really happened. Security footage may disappear. Witness memories can fade. Vehicle damage may be repaired before photographs are taken.
That is why I encourage injured victims to contact an attorney as soon as possible after an accident. I immediately begin gathering evidence to protect your claim and challenge unfair accusations.
Important evidence often includes police reports, photos of the scene, witness statements, medical records, video footage, vehicle black box data, cell phone records, and expert analysis. The more evidence available, the harder it becomes for the insurance company to unfairly shift blame.
Many people wrongly assume they should not pursue a claim if they think they may have contributed to the accident. That mistake can cost victims significant compensation.
Illinois law recognizes that accidents are often complicated. Multiple people can share responsibility. The key question is whether your fault exceeds 50 percent. If it does not, you may still recover compensation for medical bills, lost wages, pain and suffering, and other damages.
I have represented many clients who initially believed they had no case because they thought they were partly responsible. After reviewing the evidence, it became clear that the other party carried the majority of the blame.
Insurance companies are not the final authority on fault. Their goal is to protect profits. A jury may view the evidence very differently.
That is one reason I prepare every personal injury case thoroughly from the start. If the insurance company refuses to be reasonable, I want to be ready to present the case in court. Strong preparation often leads to stronger settlement negotiations because the defense understands the risk of going to trial.
Whether your injury happened on I-90 near Schaumburg, at a shopping center in Arlington Heights, or on a neighborhood road in Palatine, your case deserves a careful legal evaluation based on facts, evidence, and Illinois law.
Under Illinois comparative fault law, you can still get compensation if you were partly responsible for the accident, as long as your share of fault is not more than 50 percent. Your compensation will be reduced by your percentage of fault. For example, if you are awarded $200,000 but found 25 percent at fault, you would get $150,000. Insurance companies often try to raise your share of fault to pay less, so having strong legal help is important.
Insurance companies can say you were partly at fault, but they do not make the final decision. Their adjusters often try to blame injury victims to lower settlements. If your case goes to court, a jury will decide how fault is divided. I regularly challenge insurance company claims with evidence, witness testimony, and accident reconstruction.
Yes. Comparative fault often comes up in slip and fall claims. Property owners may argue that the injured person was not watching where they were walking or ignored clear hazards. For example, if someone slips on ice outside a business in Schaumburg or Buffalo Grove, the defense might say the danger was obvious. Every case depends on the details, like lighting, weather, maintenance records, and warning signs.
Possibly. Not wearing a seatbelt does not automatically prevent you from filing a claim. However, the defense may argue that your injuries became worse because you failed to wear one. They may try to reduce your compensation using comparative fault arguments. These cases often involve medical testimony about whether the injuries would have occurred differently if a seatbelt had been used.
An attorney can fully investigate the accident, save important evidence, talk to witnesses, get surveillance footage, and challenge false claims from the insurance company. Many injury victims are blamed unfairly before anyone looks at all the facts. I work to show clear evidence of what happened and why the other party is responsible.
At SJ Injury Law, I help injury victims in Schaumburg and nearby communities who are dealing with tough insurance disputes and claims of comparative fault. If the insurance company is blaming you for your injuries, you do not have to face it alone.
Call our Schaumburg auto accident lawyer at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation. I am proud to represent clients in Schaumburg, Chicago, Arlington Heights, Buffalo Grove, Des Plaines, Mount Prospect, Northbrook, Palatine, Prospect Heights, Wheeling, Park Ridge, Rosemont, Glenview, and all across Illinois. Let me help protect your rights and get you the compensation you deserve.
Client injured by a distracted driver who was texting at the time…
Student was injured and fractured several bones and required surgery to…
While at work operating a piece of manufacturing equipment, the safety…
Woman was bitten on her face by what she believed to be a vicious…
Our client suffered a back injury and will undergo spine surgery…
Client's vehicle was forced into oncoming traffic, colliding with a semi-truck...
We are highly experienced personal injury lawyers. We know how to help accident victims receive the full financial compensation they deserve. Our Winning Team is focused, dedicated, and sensitive to each of our client's needs. We are here to help you 24 hours a day, 7 days a week.