© 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
Best Fund Administrator 2016 – Mauritius
Finance
08/06/2016Best Fund Administrator 2016 – Mauritius

CIM Global Business is the leading management company in Mauritius with over USD 150 billion in assets under administration with offices in both Mauritius and Singapore and a representative office in South Africa.

Read Full PostRead - Eye Icon
The Power of Energy Regulation Consultancy
Strategy
31/07/2016The Power of Energy Regulation Consultancy

Based in Panama, Lisa Dominguez is now a sole practitioner after 25 years working with large law firms and a global private power producer.

Read Full PostRead - Eye Icon
Alibaba Group Signs Strategic Agreement With Shanghai Media Group
Strategy
04/06/2015Alibaba Group Signs Strategic Agreement With Shanghai Media Group

Alibaba Group Holding Limited announced today it has signed a strategic agreement with Shanghai Media Group

Read Full PostRead - Eye Icon
The Hidden Dangers of Blindly Embracing In Your Business
Innovation
27/04/2023The Hidden Dangers of Blindly Embracing In Your Business

It’s no secret that AI is a trending topic hot on many organisations’ agendas and strategies. However, with the release of ChatGPT, and Machine Learning continuously evolving, cybersecurity service providers, ramsac, are advising businesses not to blindly

Read Full PostRead - Eye Icon
Customer Satisfaction at Core of the Business
Innovation
07/05/2019Customer Satisfaction at Core of the Business

Leading the market with innovative solutions, SSC is the first SAP partner in Paraguay with certified one solution for Point of Sales – ‘PVOne’. We profile Software & Services Consulting SRL (SSC)’s Katherine Colombino as the recipient of AI’s Female

Read Full PostRead - Eye Icon
HMRC to make tax digital for VAT
Finance
26/03/2019HMRC to make tax digital for VAT

More than 3,000 businesses are now signing up every day to experience a more integrated approach to business and tax. For VAT periods starting from 1 April 2019, most businesses above the VAT threshold will need to keep their records digitally and submit their

Read Full PostRead - Eye Icon
Germany Energy & Resources Deal of the Year for the NGIM Holding Acquisition of Solarion AG Transact
M&A
08/06/2016Germany Energy & Resources Deal of the Year for the NGIM Holding Acquisition of Solarion AG Transact

Established in 1982, NGIM Holding is an Istanbul based company offering solutions in the areas of construction, chemistry, technology and energy. The company’s CEO Can Nuhoğlu reveals more about the company and the acquisition of Solarion AG.

Read Full PostRead - Eye Icon
5 Tips on How to Look After Your Company’s Financial Health
News
01/09/20235 Tips on How to Look After Your Company’s Financial Health

There were 13,125 business bankruptcies filed throughout the United States in 2022. To avoid this, you must make it a practice to look after your company’s financial health. As with our health, an organization’s financial well-being serves as an in

Read Full PostRead - Eye Icon
The Engine Behind Convenience: A Deep Dive into Retail Bank Software and Building Your Neobank
News
01/10/2024The Engine Behind Convenience: A Deep Dive into Retail Bank Software and Building Your Neobank

In the modern payment world, consumers crave convenience and seamless digital experiences. This extends to their finances, where the rise of neobanks – entirely digital financial institutions – is disrupting the traditional banking landscape. But w



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