The short answer
Illinois uses modified comparative fault. A plaintiff’s damages are reduced by its own share of fault, and a plaintiff more than 50 percent at fault recovers nothing (735 ILCS 5/2-1116).
Where it fits in your case
Whenever the defense argues the plaintiff contributed to its own loss.
What to expect
Percentages are decided by the jury or judge.
The 50 percent bar applies to negligence-based claims.
Multiple defendants. A defendant less than 25 percent at fault may be only severally liable for some damages.
What we need from you
Facts about your own conduct as well as the other side’s, documented honestly.
Common misconceptions
“Any fault on our part ends the case.” It reduces recovery unless it exceeds 50 percent.
“Fault is split evenly.” It is assigned by percentage.