Comparative Negligence in Illinois

The majority of states in the U.S. use a comparative negligence system which comes into play when determining liability and compensation in a personal injury lawsuit. Illinois is one such state and follows a modified comparative negligence system for determining fault and compensation in personal injury claims.

Comparative negligence refers to when the degree of fault of both parties is divided on a scale of 0 - 100%. You as the plaintiff must not be found at fault for more than 51% of your injuries in order to receive any compensation for your personal injury claim. If you are found to be at 50% or below 50% to blame for the accident, you can be awarded damages reduced by your degree of fault.

For example, if the jury in your Chicago accident case determines your injury was worth $10,000 in damages, and you were found to be 40% at fault, your final compensation will be deducted by 40%, leaving you with $6,000 in awarded compensation. If you are found to be at 51% or more fault, the defense will receive a not-guilty verdict, as you were found to be more responsible for the accident than the other party.

Learn more about negligence in personal injury lawsuits by visiting our library.

The Chicago personal injury attorneys at the Law Offices of Barry G. Doyle, P.C. are dedicated to helping you and your family receive the compensation you deserve after a serious accident. Contact us today for a free case evaluation - (312) 263-1080