© 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
Leading the Progression of our Society
Legal
13/01/2022Leading the Progression of our Society

A pioneering force in both the Italian and international legal sectors, Professor Sara Valaguzza is unmatched in her commitment to bettering society through law. Following her recent award for Most Influential Woman in Administrative Law 2021 – Italy, Profes

Read Full PostRead - Eye Icon
Celebrating The Mutual Benefit Of Volunteering
Corporate Social Responsibility
30/05/2024Celebrating The Mutual Benefit Of Volunteering

Colleagues from the region’s largest building society have been sharing their positive experiences from volunteering their time and skills to help others, in the lead up to Volunteers’ Week 2024 (3rd – 9th June).

Read Full PostRead - Eye Icon
CRM and the Evolution of Modern Business Practices
News
25/01/2024CRM and the Evolution of Modern Business Practices

Customer Relationship Management (CRM) systems have revolutionized the way businesses interact with their customers, providing a platform for understanding customers’ needs and enhancing customer service. CRM has paved the way for a more personalized app

Read Full PostRead - Eye Icon
A Most Effective Way to Finance Working Capital
Finance
13/02/2024A Most Effective Way to Finance Working Capital

With a portfolio of more than 15,000 happy customers relying on it to aid in the optimisation of their working capital and the reduction of risk to their supply chains, eFactor Network SAPI de CV boasts a state-of-the-art financing platform that improves overa

Read Full PostRead - Eye Icon
A Customer Centric Attitude Towards Cyber Security
Innovation
09/08/2022A Customer Centric Attitude Towards Cyber Security

SecurityHQ is a Global Independent MSSP that detects and responds to threats, instantly. As your security partner, we alert and act on threats for you.

Read Full PostRead - Eye Icon
CEO of the Year
Innovation
02/02/2016CEO of the Year

Delta Network System Ltd. is the core entity of DNS group, with the vision of providing best solution for advanced networking and integration solutions and services.

Read Full PostRead - Eye Icon
Top Reasons Your Business Isn’t Making Money
News
15/06/2022Top Reasons Your Business Isn’t Making Money

Has your business become a financial liability instead of an asset? As more than half of all small businesses fail within the first five years, you can imagine that many people have likely found themselves in this situation. They invested a lot of time, money,

Read Full PostRead - Eye Icon
Discover the Future, Cross Boundaries
Innovation
30/06/2017Discover the Future, Cross Boundaries

There is a statement that says, ‘To discover the future, you have to cross boundaries’. In Abu Dhabi, in the United Arab Emirates is the German business woman Birgit Maria Kemphues, with qualities of happiness and a wide vision. She has been described as a

Read Full PostRead - Eye Icon
Avant Diagnostics and Amarantus Diagnostics to Combine with Theranostics Health
Innovation
07/03/2016Avant Diagnostics and Amarantus Diagnostics to Combine with Theranostics Health

Avant Diagnostics, Inc, a biotechnology company focused on the development of oncology based diagnostics, and Amarantus Diagnostics, Inc, a wholly-owned subsidiary of Amarantus BioScience Holdings, Inc, today announced that the companies have jointly entered i



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