© 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
Personalized Legal Services
Legal
16/02/2021Personalized Legal Services

Scroggins Law Group PLLC is a family law boutique based in Dallas, Texas, set apart from their competitors through outstanding legal achievements and client-focused representation. Led by the well-renowned and board-certified attorney, Mark Scroggins, the firm

Read Full PostRead - Eye Icon
10 Key Skills for the Modern Finance Professional
News
10/06/202410 Key Skills for the Modern Finance Professional

In the rapidly evolving finance sector, professionals face a landscape marked by fast-paced technological changes, complex regulatory environments, and global interconnectedness. To navigate this dynamic arena successfully, finance professionals must cultivate

Read Full PostRead - Eye Icon
Adapting to a Volatile Trading Market in 2022
Finance
15/06/2022Adapting to a Volatile Trading Market in 2022

Volatility is a common part of the trading landscape for experienced investors, but it’s still something many struggle with when it comes to securing and managing their portfolio. The transition from 2021 and 2022 has been a complex one for new investors and

Read Full PostRead - Eye Icon
Tips for Students: Leadership Qualities That Are Important to Business
Leadership
04/09/2020Tips for Students: Leadership Qualities That Are Important to Business

You might have heard the saying that a leader can’t be created, they are only born that way. This can’t be further from the truth as almost everyone can become a leader.

Read Full PostRead - Eye Icon
Allen & Overy Advise on AMP Capital & 3i Infrastructure’s Acquisition of Esvagt
Finance
27/08/2015Allen & Overy Advise on AMP Capital & 3i Infrastructure’s Acquisition of Esvagt

Allen & Overy Advise on AMP Capital & 3i Infrastructure's Acquisition of Esvagt

Read Full PostRead - Eye Icon
The World’s Largest Translation & Global Content Management Company
Innovation
02/02/2017The World’s Largest Translation & Global Content Management Company

Lionbridge is celebrating its 20th year in business and is based in Boston, MA. They combine their undoubted technologies and skills in different ways, to respond to the needs of various industries.

Read Full PostRead - Eye Icon
Four Decades of Sophisticated Medical Malpractice Magnificence
News
12/03/2024Four Decades of Sophisticated Medical Malpractice Magnificence

Joseph P. Awad of Silberstein, Awad & Miklos, P.C. is a highly experienced trial and appellate lawyer whose particular legal concentration lies in representing workers who have been injured in construction site accidents or persons that have sustained injuries

Read Full PostRead - Eye Icon
Most Innovative Accountancy Firms of 2016
Finance
02/06/2016Most Innovative Accountancy Firms of 2016

Lewis Ballard Limited is a firm of accountants based in Cardiff, providing consultancy and advisory services to SMEs throughout the UK. As a company of 24 people we offer a holistic approach to our clients, including business development advice, business coach

Read Full PostRead - Eye Icon
Apex Insurance Services
Strategy
13/04/2015Apex Insurance Services

Established in 1957, Apex Insurance Services are a local Insurance Broker for local people, with traditional broking values. We spoke to them about how they offer a fast, reliable face-to-face personal 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