Peoria Personal Injury Lawyer & Accident Attorney Near You

You wake up fine. Then a car hits you. Or you fall on a wet floor. Or a dog lunges. In an instant, your life shifts. The pain is real. The medical bills arrive in a stack. You can’t work, can’t sleep, can’t do the things that used to be normal. Your family watches. The insurance company calls—and their offer, when it comes, feels like it barely covers the first month of treatment.

This is where I come in. I’m Rob Parker, and for my entire career I’ve helped injured people in Peoria and Central Illinois get paid fairly for what happened to them. My father Drew practiced law here for 47 years. I grew up in this community. I know the Peoria County Courthouse, I know the hospitals—OSF, UnityPoint—and I know how insurance adjusters work. More important, I know how to build a case that gets results.

If you’ve been seriously hurt due to someone else’s negligence, an aggressive approach to your claim makes sense. Medical bills, lost income, pain that won’t quit, restrictions on what you can do—these are real damages. I take them seriously.

Featured Guides (Start Here)

Not sure where to start? These guides tackle the questions I hear most often: what to do right after an injury, how we calculate what your claim is worth, and what tricks insurance adjusters use to whittle down your settlement.

What to Do After an Injury Accident (Checklist)

The first days and weeks after an injury shape both your recovery and your claim. Whether you were hit by a car on I-74, fell on a slippery floor, got bitten, or suffered any other injury, early decisions matter. Here’s what to do:

• Get medical care and follow your provider’s advice. Seriously. Don’t minimize or self-treat.
• Document the scene with photos and video if safe. Grab anything physical (damaged clothing, the shoe you were wearing when you fell, product packaging).
• Report it to whoever should know (police, employer, the property manager) and get copies of any reports filed.
• Get witness contact info early while people are still around and remember what happened.
• Track your symptoms daily for the first week or two: pain levels, headaches, dizziness, sleep problems, what you can’t do that you used to do.
• Avoid talking to insurance adjusters on tape and don’t sign broad medical authorizations without a lawyer reviewing them first.

If your injury was a car crash: See our complete step-by-step guide:
What to Do After a Car Accident in Illinois (Step-by-Step).

Before you sign anything:
Release of Liability Form: Don’t Sign Too Fast.

Attorneys Who Will Present Your Case Persuasively

My job is to take your case seriously. That means understanding not just your injuries, but how they’ve changed your life. We pursue compensation for the obvious losses and the ones people overlook:

• Medical bills and future treatment you’ll need
• Out-of-pocket costs (prescriptions, mileage to therapy, braces, orthotics)
• Lost wages and what you can’t earn in the future because of permanent limitations
• Pain, suffering, disability, and the normal life you’ve lost

After a crash or any serious injury, you might need emergency care, imaging, surgery, months of physical therapy. Each step costs real money and takes a toll. Insurance companies know this—and they count on people being too overwhelmed or ashamed to fight back. My father taught me that’s when you need a lawyer most.

What a Peoria Personal Injury Lawyer Will Do to Help

Every injury is different, so we don’t use templates. What I do do is:

• Investigation: I gather police reports, photographs, video, witness statements, and anything else that proves what really happened.
• Treatment tracking: I monitor your medical records so we understand the full story of your injury and what’s ahead for you.
• Loss documentation: I document lost wages, work restrictions, and how this has changed your daily life.
• Demand package: I prepare a detailed, evidence-backed settlement demand that shows exactly why your case is worth what we’re asking.
• Negotiations: I negotiate with the insurance company and give you honest advice on whether an offer is actually fair.
• Lawsuit: If the insurer won’t pay fairly, I file suit before any deadlines.
• Discovery: I use written questions, depositions, and expert exams to build the record.
• Trial: If necessary, I present your case to a jury.

Examples of Personal Injury Negligence (and Where to Learn More)

Negligence takes many forms. Below are the injury categories we handle most often, with links to deeper resources for your specific situation.

Car Accidents, Truck Accidents, and Motorcycle Accidents

Speeding, distracted driving, impaired driving, drowsy driving—these choices kill and injure people every day on I-74 and the roads around Peoria. The fight in these cases often comes down to proving the other driver’s fault when the insurer argues you share blame, and proving your injuries when they claim “minor damage means minor injury.”

Start here:
Car Accidents Hub |
Truck Accidents Hub |
Motorcycle Accidents Hub

Helpful reads:
Proving Soft Tissue Injuries in Peoria |
Overcoming Bias in Motorcycle Accident Cases |
Defective Truck Parts in Truck Accidents

Playground or School Accidents

A child falls off unsafe equipment or gets hurt because no one was watching. Schools and playgrounds have a duty to maintain safe conditions. These cases often turn on proof that the condition was dangerous, the school or owner knew it (or should have), and failed to fix it.

Helpful guide: Peoria Playground Injury Lawyer: Who Pays When a Child Gets Hurt?

Swimming Pool Accidents (Drowning / Near-Drowning)

Inadequate fencing, missing lifeguards, unsafe conditions. Near-drowning can cause devastating brain injury. These cases need fast action—evidence disappears, memories fade, and conditions change. Time is critical.

Related hub: Premises Liability in Peoria

Helpful guides: Swimming Pool Accident Lawyer Illinois | Swimming Pool Accidents: Liability, Drowning Claims & Your Rights

Slips, Trips, and Falls

You slip on a wet floor at a grocery store or restaurant. Or trip on a hole in a parking lot. Property owners have a legal duty to keep their premises reasonably safe. What matters in court: proof of a dangerous condition, proof the owner knew it existed (or how long it had been there), and proof that the fall injured you.

Helpful guide: Slip and Fall Case in Peoria, IL: What to Do

Related hub: Premises Liability Lawyer

Dog Bites / Animal Attacks

Dog bites often happen to children and can cause scarring, nerve damage, and deep emotional wounds. Illinois law is more favorable to bite victims than some states. We understand what the law requires and how to build a strong case.

Helpful guide: Common Misconceptions About Dog Bites in Illinois

Related hub: Dog Bite Lawyer in Peoria

Nursing Home Neglect / Elder Abuse

Falls, pressure sores, malnutrition, dehydration, medication errors, untreated infections. When a parent or loved one is injured by poor care, the case is heavy on documentation. We build timelines, review medical records, and hold facilities accountable.

Helpful guide: Types of Elder Abuse

Related hub: Nursing Home Injury & Neglect

Medical Malpractice

A doctor misses a diagnosis, makes a surgical error, gives the wrong medication, or fails to catch an infection. These cases are complex and require expert review to prove that the doctor fell short of the standard of care for the specialty.

Helpful read: Medical Malpractice and Wrongful Death: How They Intersect

Related hub: Medical Malpractice Lawyer in Peoria

Wrongful Death

When negligence kills someone, the surviving family members have a legal claim. These cases are the heaviest—not just the medical story, but the financial and human loss to the family. Every detail matters.

Helpful read: Wrongful Death After a Fatal Car Accident in Illinois

Related hub: Wrongful Death Lawyer in Peoria

Brain and Spinal Cord Injuries

Traumatic brain injury or spinal cord damage can change a person’s life forever. These cases require careful documentation of how the injury has affected daily life, what future care you’ll need, and what your life was like before.

Related hub: Brain & Spinal Cord Injury Lawyer

Illinois Personal Injury Law: Legal Framework

Understanding the legal foundation of personal injury claims in Illinois helps injured people make informed decisions about their cases. Illinois personal injury law is built on common-law negligence principles, modified by specific statutes that define how fault is assigned, what damages are available, and when claims must be filed. Below is a detailed overview of the key legal rules that shape every personal injury case in the Peoria area and throughout Illinois.

Negligence: The Foundation of Most Injury Claims

The vast majority of personal injury cases in Illinois are based on negligence. To prevail, the injured person must establish four elements: (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach was a proximate cause of the plaintiff’s injuries, and (4) the plaintiff suffered actual damages. Illinois courts apply an objective “reasonable person” standard when evaluating whether conduct falls below the expected level of care.

Some claims involve heightened duties. For example, common carriers owe passengers the highest degree of care, and property owners owe different duties depending on whether a visitor is an invitee, licensee, or trespasser. Medical professionals are held to the standard of care of a reasonably competent practitioner in the same specialty. Understanding which duty applies is often the first critical question in building a strong claim.

Modified Comparative Fault (735 ILCS 5/2-1116)

Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116. Under this rule, an injured person can recover damages as long as their own fault does not exceed 50% of the total fault causing the injury. If the plaintiff is found 50% or less at fault, their recovery is reduced by their percentage of fault. If the plaintiff is found more than 50% at fault, recovery is barred entirely.

This rule was significantly amended effective January 1, 2025, when Illinois shifted from a “less than 50%” threshold to a “50% or less” threshold—meaning a plaintiff who is exactly 50% at fault can now recover (previously, exactly 50% fault barred recovery). This change can make a meaningful difference in contested liability cases, particularly rear-end collisions, intersection disputes, and premises liability claims where comparative fault is heavily litigated.

Insurance adjusters frequently argue that the injured person shares fault—for example, by claiming a driver was speeding, a pedestrian was distracted, or a fall victim was wearing inappropriate footwear. Early investigation and evidence preservation are essential to counter these arguments before they take hold.

Statute of Limitations: Filing Deadlines That Matter

Illinois imposes strict deadlines for filing personal injury lawsuits. Missing a deadline can permanently bar your claim, regardless of how strong the evidence is. Key filing deadlines include:

• General personal injury: Two years from the date of injury (735 ILCS 5/13-202).
• Wrongful death: Two years from the date of death (740 ILCS 180/2), which may differ from the date of injury.
• Medical malpractice: Two years from the date of discovery (but no more than four years from the act), with exceptions for minors and persons under legal disability (735 ILCS 5/13-212).
• Claims against public entities: One year from the date of injury under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101), with a written notice requirement within one year.
• Product liability: Two years from injury, subject to a statute of repose for certain claims (735 ILCS 5/13-213).
• Minors: Generally, the statute does not begin to run until the minor turns 18, but claims against public entities have shorter deadlines even for minors.

The discovery rule can extend certain deadlines when an injury was not immediately apparent, but this exception is narrowly applied. The safest course is to consult a lawyer promptly after any serious injury—delays rarely help and can permanently eliminate your legal options.

Damages Available in Illinois Personal Injury Cases

Illinois law allows injured persons to recover both economic and non-economic damages. There is no cap on compensatory damages in most personal injury cases in Illinois—the state’s caps on non-economic damages were struck down as unconstitutional in Lebron v. Gottlieb Memorial Hospital, 930 N.E.2d 895 (Ill. 2010).

Economic Damages

Economic damages compensate for measurable financial losses, including:

• Past and future medical expenses—emergency care, surgery, hospitalization, therapy, medications, assistive devices, and anticipated future treatment
• Lost wages and income—documented time missed from work due to injury and recovery
• Loss of earning capacity—diminished ability to earn in the future, which may exceed lost wages when injuries force a career change or reduced hours
• Out-of-pocket costs—transportation to appointments, home modifications, household help, and other injury-related expenses

Non-Economic Damages

Non-economic damages address the human cost of an injury:

• Pain and suffering—physical pain endured and reasonably expected in the future
• Emotional distress—anxiety, depression, PTSD, and psychological impact
• Disability and disfigurement—permanent physical limitations, scarring, or loss of function
• Loss of normal life—inability to enjoy activities, hobbies, and daily routines that were part of life before the injury
• Loss of consortium—a spouse’s claim for loss of companionship, affection, and marital relationship due to the injured person’s condition

Punitive Damages

In rare cases involving willful, wanton, or reckless conduct, Illinois courts may award punitive damages to punish egregious behavior and deter similar misconduct. These are uncommon in standard negligence cases but may arise in drunk driving crashes, intentional misconduct, or cases involving fraud.

Joint and Several Liability in Illinois

Under 735 ILCS 5/2-1117, Illinois applies a modified joint and several liability rule. A defendant who is found to be more than 25% at fault is jointly and severally liable for the plaintiff’s medical expenses and medically related costs. For all other damages, each defendant is only liable for their proportionate share of fault. This rule matters most in multi-defendant cases—for instance, a truck accident involving the driver and the trucking company, or a premises case involving both a property owner and a management company.

Vicarious Liability and Respondeat Superior

Illinois recognizes vicarious liability under the doctrine of respondeat superior, meaning employers can be held liable for the negligent acts of employees committed within the scope of employment. This principle frequently applies in truck accident cases (carrier liability for driver negligence), medical malpractice cases (hospital liability for staff errors), and premises cases (property management company liability). Identifying all potentially liable parties early in the investigation can significantly affect the amount and sources of recovery.

Collateral Source Rule

Illinois follows the collateral source rule, which generally provides that payments from independent sources (such as health insurance) do not reduce a defendant’s liability. However, defendants may introduce evidence of collateral source payments at trial, and the plaintiff may then present evidence of amounts paid to secure those benefits (such as insurance premiums). This area is nuanced and affects how medical bills are presented to a jury.

Pre-Suit Requirements: Demand Letters and Section 2-622 Certificates

While most personal injury claims do not have mandatory pre-suit requirements beyond the statute of limitations, certain case types do:

• Medical malpractice cases require an attorney’s certificate of merit (735 ILCS 5/2-622) filed with the complaint, supported by a qualified health professional’s written report confirming that reasonable cause exists for the claim.
• Claims against public entities require written notice within one year under 745 ILCS 10/8-101, and the notice must contain specific information about the injury, its circumstances, and the amount of damages claimed.

For standard negligence claims (car accidents, premises liability, dog bites), there are no mandatory pre-suit filings. However, a well-prepared demand package sent before filing suit often leads to better settlement outcomes and demonstrates the strength of your case to the insurer.

The Insurance Claims Process in Illinois

Understanding how insurance claims work in Illinois helps you avoid common mistakes that can reduce the value of your case. Illinois is a fault-based (tort) state, meaning the person who caused the injury is responsible for damages. There is no “no-fault” auto insurance in Illinois—injured persons file claims against the at-fault party’s liability insurance (or their own UM/UIM coverage when the at-fault driver is uninsured or underinsured).

What Happens After You File a Claim

After a claim is reported, the insurer assigns an adjuster who investigates liability, reviews medical records, and evaluates damages. The adjuster’s goal is to resolve the claim for as little as reasonably possible—this is a business decision, not a reflection of the merits of your claim. Common adjuster tactics include requesting recorded statements, obtaining broad medical authorizations, and making early settlement offers before the full extent of injuries is known.

Having legal representation changes the dynamic. When a lawyer is involved, communication goes through counsel, demand packages are supported by organized medical and financial documentation, and settlement offers typically reflect a more realistic assessment of claim value.

Minimum Auto Insurance Requirements in Illinois

Illinois law (625 ILCS 5/7-601) requires minimum liability coverage of $25,000 per person / $50,000 per accident for bodily injury and $20,000 for property damage. Uninsured motorist (UM) coverage with matching minimums is also required. These minimums are often insufficient to cover serious injury costs, which is why underinsured motorist (UIM) coverage and identifying all available insurance policies is a critical part of case evaluation.

Subrogation and Lien Resolution

After a settlement or verdict, certain entities may assert a right to reimbursement from the recovery—including health insurers, Medicare, Medicaid, and medical providers who treated on a lien basis. These “subrogation” or “lien” claims can significantly reduce the injured person’s net recovery if not properly negotiated. Our firm works to reduce liens where legally permissible, which directly increases the amount the client keeps. Illinois law, including the Common Fund Doctrine, provides tools to reduce certain lien amounts, and federal law governs Medicare and ERISA plan recovery rights.

Why Parker & Parker for Your Personal Injury Case

I grew up in Peoria. My father Drew practiced law here for 47 years. I know this courthouse, I know the judges, and I know how insurance companies operate. More than that, I know what it feels like to be injured. I’ve represented families when they’re scared, overwhelmed, and unsure what comes next.

At Parker & Parker, we handle cases on a contingency fee basis. You pay no attorney fees unless we recover money for you. Initial consultations are always free. I take the time to understand your medical situation, your financial losses, and how this injury has actually changed your life. That full picture is what drives compensation.

We’ve recovered meaningful results for clients across a wide range of injury types. We’re known for compassionate counsel paired with vigorous representation. We negotiate aggressively because the insurer knows we’re prepared to take the case to trial if they won’t pay fairly. If you’ve been injured due to someone else’s negligence, reach out early. The sooner we begin preserving evidence and documenting your claim, the stronger your position will be.

How Do I Know If I Have a Personal Injury Claim?

If you’ve been injured, you may have a claim. Don’t dismiss a “minor” injury too quickly. Even injuries that seem small can require costly medical care. And many injuries—especially after a crash—don’t show their full impact for days or weeks.

Next question: who was at fault, and how clear is the proof? Illinois uses modified comparative negligence under 735 ILCS 5/2-1116. You can recover if you are 50% or less at fault; recovery is barred only if you are more than 50% at fault.

If you think you might share some fault, talk to a lawyer early. Insurance companies work hard to inflate your share of responsibility in order to reduce their payout. Early investigation and evidence preservation protect your position.

What Affects the Value of a Personal Injury Claim?

Everyone asks, “How much is my case worth?” The answer depends on what the medical records tell. Not just medical bills, but the story: Was the injury severe? How long will it take to heal? What are you permanently limited from doing? What does the documentation show? Here are the factors that matter most:

• Severity and duration (Is this temporary pain or permanent limitation?)
• Consistency of treatment (Gaps in care can hurt your value)
• Objective medical findings (Range of motion limits, muscle spasm, neurological signs, imaging, work restrictions)
• Work impact (Time you missed, restrictions on what you can do, future earning loss)
• Future care (Physical therapy, injections, surgery, long-term assistance)
• How clear is the other person’s fault (Is liability obvious or disputed? Do you have witnesses or video?)
• Insurance available (Policy limits, UM/UIM coverage, multiple defendants)

For car accidents specifically:
How Much Is My Case Worth in Illinois?

How Insurance Companies Reduce Injury Claims (and What You Can Do)

Insurance companies exist to make money, not to pay claims. They use predictable tactics to push settlement value down. Here’s what to expect:

• Early low offers—made before you fully understand your injury
• Pre-existing condition attacks—”That’s just arthritis, not from the crash”
• Gap-in-treatment arguments—”If you were really hurt, you’d keep going to therapy”
• Soft tissue minimization—”No broken bone means not serious”
• Recorded statement traps—designed to lock you into harmful phrasing
• Social media surveillance—looking for photos or posts that contradict your injury claim

Must-read:
Soft Tissue Injury Car Accident: Proving Pain in Peoria

Before signing anything:
Release of Liability Form: Don’t Sign Too Fast

Medical Bills, Liens, and “Who Pays?”

One of the biggest stressors after an injury is the medical bills. You’re unsure whether to use your health insurance, whether the at-fault insurer will pay bills as they come in, and what happens if you settle later.

Most injury claims do not involve the at-fault insurer paying medical bills immediately. Treatment is typically covered through health insurance, Medicare/Medicaid, or medical providers who agree to wait for payment from your settlement. Later, when the case resolves, certain entities may claim a right to reimbursement—called a “lien” or “subrogation claim.”

This is where we add real value. We (1) document all medical losses accurately, (2) make sure the settlement demand fully reflects your harm, and (3) work to reduce liens where the law allows so you keep more of the recovery. Attorney involvement frequently means clients keep significantly more money in their pocket. Here’s proof:

Case study:
$1,000 offer → $30,000 with medical bills cut by 66%

Evidence Checklist: How to Strengthen Your Personal Injury Claim

Your case is only as strong as the proof behind it. Strong injury cases include:

• Crash/incident reports (police, workplace, property manager)
• Photos and videos of the scene and your injuries
• Witness names and contact information
• Medical records that tie your symptoms to the injury event
• Physical therapy or therapy documentation showing what you can and can’t do
• Work documentation proving time you missed and restrictions placed on you
• Receipts for out-of-pocket expenses

Key insight: If you describe your symptoms consistently across multiple doctors and keep your follow-up appointments, your records tell a coherent story. Inconsistent reporting and treatment gaps are frequently used to reduce claim value.

Timeline: Steps in a Personal Injury Lawsuit

Most injury claims settle. But if the insurer refuses to pay fairly, we file suit. Here’s how it usually goes:

1. Investigation + medical documentation: You focus on healing. We gather records and evidence.
2. Demand + negotiation: We send a detailed demand package and negotiate aggressively.
3. Filing suit: If needed, we file before deadlines and begin litigation.
4. Discovery: Written questions, depositions, subpoenas, and defense medical exams.
5. Mediation / settlement discussions: Many cases resolve here.
6. Trial: If no fair settlement is offered, we present your case to a jury.

Settlement vs. Trial: What to Expect

There are two good endings: a fair settlement or a successful trial verdict. Whether you go to trial depends on the injury severity, how clear the liability is, insurance limits, and whether the insurer will negotiate in good faith.

Why Most Personal Injury Cases Settle

Settlements offer privacy, certainty, convenience, and faster closure for your family. But I also take cases to court when necessary to get fair compensation. We recommend settlement only when it’s genuinely fair and in your best interest.

Why Trial Sometimes Becomes Necessary

When an insurer disputes liability, attacks your credibility, argues “minor impact,” or refuses to value the injury fairly, trial can change the negotiating landscape. We prepare for trial from the beginning. That preparation itself often produces better settlement offers because the insurer knows we mean what we say.

Helpful Articles and Resources

These pages and articles may be helpful as you learn more about Illinois injury claims:

• Car Accident Lawyer Hub
• What to Do After a Car Accident (Illinois)
• How Much Is My Case Worth?
• Slip & Fall / Premises Liability
• Dog Bite Lawyer Hub (plus common misconceptions)
• Nursing Home Injury Hub (plus types of elder abuse)
• Medical Malpractice Hub
• Wrongful Death Hub (plus wrongful death after fatal car accidents)

Personal Injury FAQs (Illinois)

Will I really get more money if I hire a personal injury lawyer?

Often, yes. We present your medical story professionally, negotiate with the insurer, and work to reduce medical liens so you keep more. See a recent anonymized example:
a $1,000 offer resolved for $30,000, with medical bills reduced by two-thirds.

How much does a personal injury lawyer cost in Illinois?

At Parker & Parker, there is no cost to have me review your case. We offer free consultations and work on a contingency fee basis—you pay nothing unless and until we recover compensation for you.

How long do I have to file an injury claim in Illinois?

Most personal injury cases have a two-year deadline, but some claims have shorter timelines. Speak with a lawyer promptly so your rights are protected.

What should I do right after an injury accident?

Get medical care, document the scene, preserve evidence, avoid giving recorded statements, and talk to a lawyer early. Timing affects both your medical outcome and your claim value.

What if I was partly at fault?

Illinois uses modified comparative negligence (735 ILCS 5/2-1116). You can recover if you are 50% or less at fault. Your recovery is reduced by your share of fault. If you are more than 50% at fault, recovery is barred.

Should I give the insurance adjuster a recorded statement?

Be very cautious. Recorded statements are often used to lock in language that minimizes your symptoms or shifts fault. If you do speak with an adjuster, avoid guessing and don’t use definitive language about your injury severity early on.

What if the insurer says my injuries are “soft tissue” and not serious?

That’s a common tactic designed to reduce value. Soft tissue injuries are real and can be disabling. The key is documentation: consistent treatment, specific symptom reporting, and clear records showing functional limitations. See:
Proving Soft Tissue Injuries in Peoria.

Do medical bills equal case value?

Not necessarily. Bills matter, but value also depends on severity, duration, future risk, work impact, and how credible your documentation is. Some cases with modest bills can still be valuable if the injury significantly affects daily life or work.

Can I still recover if I had a pre-existing condition?

Yes. A pre-existing condition doesn’t automatically defeat a claim. The question is whether the incident aggravated your prior condition or caused new symptoms. Clear before-and-after documentation matters.

What is a lien and why does it matter?

A lien is a reimbursement claim asserted against settlement funds—often by health insurers or providers. We work to address these issues and, where possible, reduce liens so you keep more of the recovery.

How long does a personal injury case take?

It depends on how long treatment takes, the insurer’s willingness to negotiate, and whether litigation is necessary. Some cases resolve in months; others take longer, especially when injuries require extended treatment or future care planning.

What if I can’t afford a lawyer?

We offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.

Is there a cap on personal injury damages in Illinois?

No. Illinois does not cap compensatory damages in most personal injury cases. The state’s caps on non-economic damages were struck down as unconstitutional by the Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital (2010). You can recover the full value of your economic and non-economic losses.

What is modified comparative negligence in Illinois?

Under 735 ILCS 5/2-1116, Illinois uses modified comparative negligence. You can recover damages if you are 50% or less at fault, but your recovery is reduced by your percentage of fault. If you are more than 50% at fault, recovery is barred. This threshold was amended effective January 1, 2025, expanding recovery rights for plaintiffs at exactly 50% fault. See more detail in our Illinois personal injury law overview above.