Comparative fault is a legal principle that can affect how compensation is awarded in personal injury cases. It addresses situations where more than one party may share responsibility for an accident.

In both Missouri and Illinois, a person’s compensation may be reduced if they are found partially at fault for their injuries. For example, if someone is found 20% responsible for an accident, their recovery may be reduced accordingly.

However, the states differ in how they apply these rules:

Missouri follows a pure comparative fault system, meaning a person can recover damages even if they are mostly at fault, though the recovery is reduced by their percentage of fault.

Illinois uses a modified comparative fault system, where a person may recover only if they are less than 51% responsible for the incident.

These rules often become central in disputes involving car accidents, slip and falls, and other negligence claims. Insurance companies may attempt to shift blame to reduce payouts.

Evidence such as witness statements, accident reconstruction, and medical records often plays a key role in determining fault.

Understanding how fault is assigned can significantly impact the value and outcome of a claim.

Gunn | Slater represents individuals across Missouri and Illinois in cases involving disputed liability and serious injury claims.