Example of Illinois Modified Comparative Negligence LawsLet’s use an example to better illustrate how Illinois’ modified comparative negligence system works. We’ll pretend that 3 male drivers were involved in an auto accident on an Illinois highway and were partially at fault for the accident. We’ll assume that a court subsequently determined that Driver A was 15% at fault, Driver B was 30% at fault and Driver C was 55% at fault.
For simplicity’s sake, let’s also assume that each driver sustained $100,000 in total damages as a result of the accident. Under Illinois modified comparative negligence laws, Driver A would receive 85% (100% minus 15%) of the damages to which he was entitled; in this case, that would be $85,000. Similarly, Driver B would receive just $70,000, which is 70% (100% minus 30%) of what he was entitled in compensation.
But because Driver C’s percentage of blame is 55%, he would not receive any damages. Since his fault percentage exceeded 51%, Driver C is considered primarily responsible for the accident-and therefore would not get any compensation.
Elements of Negligence
In the eyes of the law, there are 5 conditions which must be met before negligence can occur, including:
- the defendant owed a duty of care to the plaintiff;
- the defendant breached that duty;
- the defendant’s conduct caused harm to the plaintiff;
- the harm caused was foreseeable; and
- damages resulted from the defendant’s conduct.
There are numerous factors which can determine whether negligence is present, as well as how much fault is assigned to each party involved. If you have any questions about Illinois modified comparative negligence laws or how they might apply to your case, you should consult with a south side Chicago injury lawyer.
Hiring a South Side Chicago Injury Lawyer
During this time, recovering from your injuries should be your main focus, not dealing with insurance adjusters and escalating medical bills, not to mention deciphering Illinois modified comparative negligence laws and how they apply to your case. Retaining the legal services of a south side Chicago injury lawyer can help you focus on recovery while your attorney deals with the insurance companies and issues of Illinois negligence law on your behalf.
A south side Chicago injury lawyer 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. Before making any decisions, order a copy of our free accident book, When You Are Injured – The Insider’s Guide to Illinois Accident Law. When you are ready to get your claim started, contact us today for a free case evaluation – 312-263-1080.