Illinois follows a comparative fault rule. This means that in some cases the injured person could also share some liability for their own injury. This affects the amount of compensation received by the injured person in their lawsuit. Comparative fault is sometimes also used by insurance companies when determining the amount of money a person should receive in a settlement.
For example, the plaintiff in a personal injury case was shopping when they slipped in unmarked standing water on the floor and then were badly hurt in the fall. They file a claim against the owner of the store, who shows security footage of the plaintiff looking at their phone while walking right before they encountered the puddle. The court might look at this evidence and assign a percentage of shared responsibility to the plaintiff.
If the plaintiff shares 20 percent of the liability in this case and they are awarded $100,000 for damages, the amount they receive will be reduced by 20 percent. In this case, the plaintiff would receive $80,000. When the amount of shared liability assigned to the plaintiff is fifty percent or more, an Illinois court will not allow them to collect any damages in the case.