© Copyright Acquisition International 2026 - All Rights Reserved.

Article Image - Is Illinois a Comparative Negligence State? What Does This Mean for Personal Injury Cases?
Posted 20th March 2023

Is Illinois a Comparative Negligence State? What Does This Mean for Personal Injury Cases?

The state of Illinois follows the modified comparative negligence theory when it comes to fault. This means that you can be assigned fault in personal injury cases depending on your situation and the circumstances of the accident.

Mouse Scroll AnimationScroll to keep reading

Let us help promote your business to a wider following.

Is Illinois a Comparative Negligence State? What Does This Mean for Personal Injury Cases?
Arbitration Lawyer Celebrates Success

The state of Illinois follows the modified comparative negligence theory when it comes to fault. This means that you can be assigned fault in personal injury cases depending on your situation and the circumstances of the accident.

In such situations, if you are partially at fault for the circumstances of your accident, you may not receive full compensation for your losses, or you will receive a lesser sum. Read more on agrusslawfirm.com. Let’s see exactly what comparative negligence means, how it is applied to personal injury cases, and what does it mean for your case!

Comparative Negligence in Law

Suppose you were involved in a car accident in the state of Illinois. In that case, an investigation will occur, and everything will play a role in it, from the moment police authorities arrive at the scene and make their reports to the medics that check up on the injured parties and record their injuries.

The insurance companies will then send an insurance adjuster to check the damage that both vehicles suffered, analyze the accident scene, the weather conditions at the time of the accident, the police reports, and everything related to the accident.

The insurance adjuster will then give an opinion about who is most likely at fault for the accident, but only a judge or jury in a trial can legally assign fault. If you are found more than 50% responsible for the accident, you won’t be entitled to compensation. This is known as percentage liability in Illinois, as the state follows the modified comparative negligence system.

However, suppose you are less than 50% at fault for the accident. In that case, the compensation that you are entitled to is still affected, and the percentage of fault that you are assigned will be deducted in proportion to the amount of negligence from your compensation sum.

Therefore, if it can be proved that you were, for example, 20% responsible for the car accident, then you will only receive 80% of your compensation claim. What is important to understand about the comparative negligence system in Illinois is that you can only receive compensation as long as you aren’t more at fault than the other party.

In other states, you can receive compensation even if you are 50% at fault. Yet, Illinois follows the 51% rule, and this is why it’s crucial to work with a personal injury lawyer so that fault is properly established for your case and you can receive the compensation that you are entitled to.

What Happens When There Are More Than Two Responsible Parties?

In many personal injury cases, especially in car accidents, there might be more than two responsible parties. In this situation, the comparative negligence system works a bit differently.  The jury will apportion the fault of everyone responsible for the accident.

So, for example, one party might be 30% responsible, another 20%, and the third 50%. Everyone will have their compensation claims reduced or denied based on the amount of negligence assigned to them.

It is essential for car accident victims, slip-and-fall victims, or anyone that has suffered due to another person’s negligence and recklessness to prove fault in their case so that they can receive the compensation that they are entitled to.

How Fault Is Established

Everyone has a duty of care in society. When it comes to accidents, the fault is established based on negligence and how much someone breached their duty of care. To prove negligence, you have to prove that someone had a duty of care to you, breached that duty, and you suffered damages because of that breach.

In car accidents, you need to prove that the other driver didn’t respect traffic laws, and because of that, the accident occurred. In some instances, you can prove that they were driving recklessly or under a DUI. It all depends on the circumstances of your case.

You may share the blame if it is discovered that you intentionally disregarded rules, operated a faulty vehicle, speeding, or did anything else that might have prevented the accident or resulted in less serious injuries.

However, with a skilled personal injury lawyer by your side, you can use legal strategies to diminish fault. For example, an insurance adjuster might try to intimidate you into accepting a lower compensation claim because you didn’t wear a seatbelt during the accident.

Yet, in Illinois, if you were to reach a trial for your accident claim, the other party cannot use the seat belt as a defence to try and lower your compensation or raise your percentage fault.

Working With a Personal Injury Lawyer

Since Illinois is a comparative negligence state following the modified comparative negligence laws, you need a personal injury lawyer more than ever to establish fault and not lose your right to receive compensation.

When an accident occurs, it’s important to remember that no one can establish fault immediately. An investigation is needed, and evidence or eyewitnesses play a crucial role in it. You shouldn’t be scared of pursuing a personal injury claim if you are unsure of how much you are at fault for the accident.

The best thing you can do is act responsibly. Call authorities to the accident scene, let the medics check you up, and contact a personal injury attorney. Most lawyers offer free consultations, and you don’t have to pay them anything unless they win your case.

You can use this to your advantage and find out how your case stands or what legal options you have to prove fault.

Categories: Legal, News


You Might Also Like
Read Full PostRead - Eye Icon
4 Benefits Of Hiring An Intern
Leadership
08/12/20204 Benefits Of Hiring An Intern

Before you start an internship program in your company, understanding internships and how they work are a must.

Read Full PostRead - Eye Icon
Why SEO Has Become an Important Compliance Consideration for Financial Services in the Age of AI
Finance
10/12/2025Why SEO Has Become an Important Compliance Consideration for Financial Services in the Age of AI

As AI adoption accelerates, search visibility in finance is no longer dictated by traditional rankings alone. AI overviews, gen AI assistants and zero-click results now sit between customers and brand websites, reshaping how trust, authority and compliance are

Read Full PostRead - Eye Icon
How Can Sales Teams Improve Their Negotiation and Closing Skills?
News
08/01/2026How Can Sales Teams Improve Their Negotiation and Closing Skills?

In today’s competitive marketplace, sales effectiveness is anchored in two core capabilities — negotiation and closing.

Read Full PostRead - Eye Icon
Revolutionising Cloud-Based Communications Through Sustainable Innovation
Innovation
20/01/2025Revolutionising Cloud-Based Communications Through Sustainable Innovation

CallTower is a leading provider of cloud-based unified communications, contact centre, and collaboration solutions.

Read Full PostRead - Eye Icon
Innovation Isn’t Just Tech—It’s Thinking Differently
Innovation
08/04/2025Innovation Isn’t Just Tech—It’s Thinking Differently

When people say "innovation," most minds jump to technology—apps, AI, algorithms, and maybe something about blockchain.

Read Full PostRead - Eye Icon
Ingenious Insurance From Matrix Team
News
30/03/2021Ingenious Insurance From Matrix Team

For almost twenty years, Matrix Insurance & Reinsurance Brokers has been providing its clients with the most comprehensive insurance and reinsurance solutions, both as a sole business and now as part of the Howden Broking group in 2020. Last year, we at Ac

Read Full PostRead - Eye Icon
Navigating Neobanks: What Every College Student Should Know
News
19/02/2024Navigating Neobanks: What Every College Student Should Know

Discover how neobanks offer college students a convenient, secure way to manage finances. Learn to choose the right neobank for your needs and integrate it into student life with acquisition-international.com.

Read Full PostRead - Eye Icon
Zenith Hygiene Group completes acquisition of Riverside Hygiene Supplies Limited
Finance
07/06/2016Zenith Hygiene Group completes acquisition of Riverside Hygiene Supplies Limited

Announcement builds on Zenith Hygiene’s track record of strong growth through acquisition.

Read Full PostRead - Eye Icon
How Does Journalism Work in the Age of Deepfakes?
News
31/01/2024How Does Journalism Work in the Age of Deepfakes?

Trigger Warning: This article mentions child sexual abuse and drug use. Journalism has existed ever since people first banded together in complex social groups. From cave drawings telling primitive band communities about discoveries and new hunting grounds, th



Our Trusted Brands

Acquisition International is a flagship brand of AI Global Media. AI Global Media is a B2B enterprise and are committed to creating engaging content allowing businesses to market their services to a larger global audience. We have a number of unique brands, each of which serves a specific industry or region. Each brand covers the latest news in its sector and publishes a digital magazine and newsletter which is read by a global audience.

Arrow