© Copyright Acquisition International 2025 - 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
Poor Customer Experience Hindering B2B Firms
Finance
09/12/2015Poor Customer Experience Hindering B2B Firms

Majority of B2B Companies Missing Out on Revenue Growth Due to Poor Customer Experience Performance, Accenture Study Finds

Read Full PostRead - Eye Icon
Spend Less, Get More Customers
News
24/08/2021Spend Less, Get More Customers

Are you tired of relying on just one or two techniques for building your customer base and expanding email lists? Here are a few methods for acquiring new customers, no matter what line of business you're in.

Read Full PostRead - Eye Icon
Better Capital sale of Calyx Managed Services
Finance
19/03/2015Better Capital sale of Calyx Managed Services

Following a competitive auction process involving a number of interested parties, Calyx Managed Services (“CMS”) was sold to MXC Capital Limited for an enterprise value of £9.0m. The CMS element of the Calyx Group’s most recent valuation was £4.9m.

Read Full PostRead - Eye Icon
CEO of the Month – UK
Leadership
03/06/2016CEO of the Month – UK

With offices in London, UK and Chicago, USA, Adgistics is a marketing technology solution provider that helps to grow the value of brand assets for global businesses

Read Full PostRead - Eye Icon
360 Feedback For Law Firms – Finally Fixed
Legal
08/09/2020360 Feedback For Law Firms – Finally Fixed

With the help of two UK consultancies, law firms are starting to understand that 360-degree feedback should – and can – be better.

Read Full PostRead - Eye Icon
Redmayne-Bentley Acquisition of Havelock Hunter
M&A
31/07/2015Redmayne-Bentley Acquisition of Havelock Hunter

Redmayne-Bentley Acquisition of Havelock Hunter

Read Full PostRead - Eye Icon
Intuitive iKomet Initiates Innovations
Innovation
23/02/2020Intuitive iKomet Initiates Innovations

When it comes to offering simplified software services, iKomet Technology Solutions Pvt Ltd is gradually and consistently making a mark. Helping clients for past 5 years, this innovative company makes a point of being able to create bespoke and niche yet simpl

Read Full PostRead - Eye Icon
4 Tips For Automating Your Business Security Successfully
Innovation
08/09/20224 Tips For Automating Your Business Security Successfully

According to Statistica, 47.3% of companies are embracing automation from a security perspective. If you’re looking to automate your business’ security successfully, you need an awareness of the tools and technologies most beneficial for security automatio

Read Full PostRead - Eye Icon
Ones to Watch for 2016: The Best Fraud Investigation Firms
Legal
18/05/2016Ones to Watch for 2016: The Best Fraud Investigation Firms

PLMJ is one of Portugal’s leading law firms and a key player in the country’s legal sector because of its dynamism, capacity for innovation and quality of service.



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