What Is Illinois’ Comparative Negligence Law?

If you’ve been injured in an accident in Illinois, you might have heard the term “comparative negligence” in discussing your case. Understanding this legal rule is crucial, as it can directly affect whether you can receive compensation for your injuries. At its core, comparative negligence is a system used to determine fault when multiple parties may be responsible for an accident.

Properly understanding these legal concepts often requires professional assistance. The personal injury attorneys at Saks, Robinson & Rittenberg, Ltd. have decades of experience helping injured individuals in Chicago secure the compensation they deserve. We can help you understand the impact comparative negligence may have on your case and possible compensation.

What is Modified Comparative Negligence?

Illinois law (735 ILCS 5/2-1116) follows a “modified comparative negligence” rule. This allows responsibility for an accident to be shared among those involved, acknowledging that sometimes an accident isn’t entirely one person’s fault. Both parties may have contributed to the incident, and this shared responsibility is taken into account when determining compensation.

The 50% Fault Threshold

Perhaps the most critical part of this law is the 50% threshold. To recover damages, the injured party must be found to be 50% or less at fault for the incident. If you are determined to be 51% or more responsible for the accident that caused your injuries, you won’t be able to recover any compensation.

For example, imagine you are in a car accident and sustain $100,000 in damages. If a court finds you were 51% at fault, you would receive nothing. But if you were found to be 49% at fault, you could still recover damages.

How Damages Are Reduced

If you are less than 50% at fault, your recoverable damages are then reduced in proportion to your determined percentage of fault. Your total compensation is calculated by taking the total amount of your damages and subtracting the amount corresponding to your percentage of responsibility.

Let’s look at the same example used above. If the total damages amount to $100,000, and you are found to be 20% at fault, then your compensation would be $80,000.

Get the Legal Guidance You Need to Address Comparative Negligence Appropriately

A proper understanding of Illinois’ comparative negligence law is essential for anyone who becomes involved in a personal injury case. The percentage of fault that is assigned to you can be the difference between receiving fair compensation and getting nothing at all. This is why having an experienced personal injury attorney by your side is so important.

Attorneys can help you gather evidence, negotiate with insurance companies, and build a compelling case in pursuit of the compensation you deserve. They understand the nuances of comparative negligence laws and can protect your rights if the other party tries to unfairly shift blame onto you.

If you have been injured, don’t face the challenges of this process alone. Contact the experienced personal injury attorneys at Saks, Robinson & Rittenberg, Ltd. for a free case evaluation to discuss your case and protect your rights. Let us guide you through every step of the legal process and fight to secure the justice and compensation you need to move forward.