Contributory Negligence in Wrongful Death Lawsuit Claims

Contributory negligence is a measure of the degree of fault in a wrongful death claim. When the matter of contributory negligence is brought up in a wrongful death lawsuit, the defense is basically blaming the plaintiff for their own injuries resulting in death. In Illinois, you can be found up to 50% responsible for your injuries before the case is dismissed with a "not guilty" verdict for the defendant.

Children younger than the age of 7 cannot be held liable for contributory negligence and children aged between 7 and 14 years are examined on a sliding scale accounting for age and experience. For example, if a 10-year-old is killed while playing near fallen power lines, the jury would have to determine if they were old enough-or had the cognitive maturity-to know that the lines were dangerous.

The jury in your wrongful death lawsuit will be responsible for determining the degree of fault as they examine evidence and hear testimony. Once this percentage is disclosed, it will directly impact any potential settlement amount by that percentile. If your wrongful death lawsuit results in an award of $100,000 and your side was found to be 20% at fault for the injuries that led to the wrongful death of your loved one, your settlement will be reduced to $80,000.

Not all wrongful death cases are determined by contributory negligence. In some cases, misconduct or statutory violations come into play. For a full overview of wrongful death lawsuits, read our article in our article library. 

Once you've learned the basics, an experienced Chicago wrongful death lawyer can help you determine liability and file a claim to recover the compensation your family needs and deserves. The lawyers at The Law Offices of Barry G. Doyle, P.C. are available to help you through your claim, contact us today for a free case evaluation. (312) 263-1080