Battle in North Carolina over Switch to Comparative Negligence

When it comes to the issue of establishing which parties are entitled to compensation in a personal injury lawsuit, Illinois uses a modified comparative negligence system. This is to say, if an Illinois court determines that a plaintiff is less than 51% responsible for an accident, they are allowed to receive monetary damages in an Illinois personal injury lawsuit. The state of North Carolina is considering a switch to a comparative negligence system.

Current Negligence Law in North Carolina

Right now, North Carolina operates under a pure contributory negligence system. If Illinois were to employ this system, anyone who is even the least bit responsible for an accident would not be able to collect any damages.

North Carolina's Senate is mulling the passage of House Bill 813, which would change the state's negligence law standard to comparative negligence. Backers of the bill point to the fact that Illinois and 45 other states have adopted some form of comparative negligence standard.

Cons of Changing To Comparative Negligence

There is plenty of resistance to HB 813. Opponents of the bill claim that insurance rates will go up if the state switches to a comparative negligence system. Interestingly, some Illinois insurers have announced recently that they are raising rates, though it's unclear if the rate hikes have anything to do with the state's modified comparative negligence system.

To learn more about Illinois negligence laws and how they will affect your case, visit our article library. 

If you've been seriously injured in an Illinois accident, the Chicago personal injury attorneys at the Law Offices of Barry G. Doyle, P.C. will help you monitor your medical expenses and work toward a settlement to cover all of the treatments you need to get your life back on track. Contact us today for a free case evaluation - 312-263-1080.