© 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
Direct Selling: Breaking Down Barriers for Female Entrepreneurs
Leadership
08/03/2023Direct Selling: Breaking Down Barriers for Female Entrepreneurs

The number of women determining their own success by becoming their own bosses has increased over the last decade with an estimated 252 million females running their own businesses[1]. With this number continuing to climb, it’s clear that more women than eve

Read Full PostRead - Eye Icon
Breaking New Ground
Leadership
19/07/2019Breaking New Ground

Serafim Sotiriadis & Associates has the all-round knowledge of the law required to offer solutions for both legal and business issues in the spheres of bankruptcy and business restructuring law, commercial, civil, corporate and criminal law. Following his succ

Read Full PostRead - Eye Icon
Landis Rath & Cobb LLP Advise Centre Lane’s acquisition of Saladworks ($16.9 million)
Finance
15/07/2015Landis Rath & Cobb LLP Advise Centre Lane’s acquisition of Saladworks ($16.9 million)

Landis Rath & Cobb LLP Advise Centre Lane's acquisition of Saladworks ($16.9 million)

Read Full PostRead - Eye Icon
Workplace Injuries – What to Do Next, Including Legal Advice
News
23/10/2023Workplace Injuries – What to Do Next, Including Legal Advice

Workplace Injuries – What to Do Next, Including Legal Advice In our fast-paced and often demanding work environments, accidents can happen. Workplace injuries can range from minor incidents to more severe accidents, and knowing what to do when they occur

Read Full PostRead - Eye Icon
(UK) Unemployment Back to Pre-Crisis Levels
Strategy
20/04/2015(UK) Unemployment Back to Pre-Crisis Levels

The last official data on employment and earnings before the general election revealed that unemployment has fallen by 76,000 to 1.84m, pushing the unemployment rate down to 5.6%.

Read Full PostRead - Eye Icon
Mastering API Automation Testing- Best Practices and Strategies
News
04/09/2023Mastering API Automation Testing- Best Practices and Strategies

The very value of API automation testing cannot be emphasized in the ever-changing environment of software development. It is obvious that APIs (Application Programming Interfaces) are the building elements that allow various elements of software to effortless

Read Full PostRead - Eye Icon
Arbitration Guide
Innovation
11/08/2015Arbitration Guide

Arbitration Guide

Read Full PostRead - Eye Icon
Extended-Stay Software for Hospitality Innovation
Innovation
11/02/2026Extended-Stay Software for Hospitality Innovation

Gearco, Inc. is a cloud management solutions provider like no other. With its drive to empower extended-stay properties through state-of-the-art technology being stronger now than ever before.

Read Full PostRead - Eye Icon
Defined by True Innovation
Innovation
02/05/2019Defined by True Innovation

Pio-Tech is a business solutions provider that has become, over the last sixteen years, defined by an innovation-first approach that champions digitisation and futurism.



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