Comparing Illinois Negligence Laws to Other States

Negligence is a pivotal factor in establishing how much compensation should be awarded in a personal injury lawsuit and which parties are entitled to relief. But the principles behind the determination of negligence vary from state to state.

Illinois-along with 20 other states-employs a modified comparative negligence system and what is known as the 51% rule.

Modified Comparative Negligence

A modified comparative negligence system embraces the notion that if a party is mostly responsible for an accident, then they should not receive any damages as a result. This differs from a pure comparative negligence system, which allows compensation to be awarded to any party which is less than 100% responsible for an accident. A total of 12 states utilize a pure comparative negligence system.

Illinois Negligence Law and The 51% Rule

The 51% rule further dictates who may and may not be compensated for an Illinois accident. This rule states that if any party is 51% or more responsible for the accident, then they are not entitled to any compensation at all. 

A dozen other states follow a modified comparative negligence system, but they use what is known as the 50% rule, wherein the injured party's fault may not exceed 49%.

It is worth noting that in a state like Illinois, where a 51% rule is embraced, two parties can both receive damage awards if it is determined that they are equally responsible for an accident - meaning a 50/50 "sharing" of negligence.

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

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.