© 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
5 Cost-Efficient Ways to Strengthen Your Brand
News
28/01/20225 Cost-Efficient Ways to Strengthen Your Brand

Your brand is one of your most valuable assets. It represents everything that your company stands for. It’s what customers use to identify you and differentiate you from your competitors. Having a strong brand is essential to business growth and success.

Read Full PostRead - Eye Icon
How to Manage Inventory in Your Laboratory (and Why it’s So Important)
News
01/06/2022How to Manage Inventory in Your Laboratory (and Why it’s So Important)

In a laboratory setting, inventory management is a crucial, albeit boring process. You need to be aware of stock on-hand, inventory available for purchase, and all of the equipment, consumables, supplies, reagents, and other critical assets that are housed in

Read Full PostRead - Eye Icon
An Influential Figure in M&A
Finance
08/02/2019An Influential Figure in M&A

Lisa Wright has worked in the information industry for 25 years and is an influential figure in M&A through her role at Bureau van Dijk, a Moody’s Analytics company. Recently, we caught up with Lisa who revealed more about the firm, especially following her

Read Full PostRead - Eye Icon
MarshBerry Provide Due Dilligence to NFP’s Acquisition of Hackett Valine & MacDonald
M&A
17/06/2015MarshBerry Provide Due Dilligence to NFP’s Acquisition of Hackett Valine & MacDonald

MarshBerry Provide Due Dilligence to NFP's Acquisition of Hackett Valine & MacDonald

Read Full PostRead - Eye Icon
Civil Mediator of the Year – UK
Finance
20/05/2016Civil Mediator of the Year – UK

Greater London and East Anglia mediation LLP (GLEAMED) provides dispute resolution services.

Read Full PostRead - Eye Icon
What Does A Corporate Lawyer Do?
News
04/01/2024What Does A Corporate Lawyer Do?

If you’ve ever considered getting into law then you’re not alone, many high-school graduates go for careers in law due to the high salary and numerous opportunities in the field. But what are the best streams of law to study and what best suits you

Read Full PostRead - Eye Icon
Healthcare Consultancy Group: Reimagining Medical Communications
Innovation
13/10/2023Healthcare Consultancy Group: Reimagining Medical Communications

Healthcare Consultancy Group (HCG) is a medical communications agency made up of seven different agencies united by one common goal: to bring clients’ medicines closer to the patients who need them by accelerating product understanding and acceptance. For it

Read Full PostRead - Eye Icon
The Simple Banking Adjustments That Improve Profit Margins
Finance
29/12/2025The Simple Banking Adjustments That Improve Profit Margins

Key Takeaways Small banking costs can quietly reduce business profit over time Modern providers now offer reliable business accounts without monthly fees Automating payments and improving visibility saves time and prevents errors Efficient financial operations

Read Full PostRead - Eye Icon
Most Innovative Business Leader – UK
Legal
05/05/2016Most Innovative Business Leader – UK

Zyda Law is a boutique law firm specialising in navigating regulatory and statutory processes, which involves achieve planning consents and environmental permits for major infrastructure projects.



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