The Law Offices of Barry G. Doyle, P.C.

Chicago Illinois Accident Lawyers

Call us: (312) 263-1080

  • Home
  • About
    • Attorney Barry G. Doyle
  • Free Info
    • Library
    • Free Books and Reports
    • Video
    • FAQs
    • Blog
  • Practice Areas
    • Auto Accident
    • Nursing Home Abuse & Neglect Lawsuits
    • Slip And Fall Accident
    • Work Related Personal Injury
    • Wrongful Death Lawsuits
    • Construction Accidents
    • Motorcycle Crashes
    • Trucking Accidents
    • Dog Bite Attacks
    • Lawsuits and Claims Against the CTA
    • Train Accidents
    • Federal Employers Liability Act (FELA)
    • Medical Malpractice
    • Prescription Medication Errors | Pharmacist Malpractice
    • Dangerous Defective Products Suits
    • Dangerous Children’s Products
    • Dangerous Prescription Medications
    • Dangerous Medical Devices and Equipment
  • Our Case Results
  • What Our Clients Say
  • Contact

Modified Comparative Negligence Law in Illinois (Part A)

The type of negligence system your state follows for determining fault in a personal injury claim will have a large impact on your case. There are two basic types of negligence; comparative and contributory. Illinois follows the comparative system. A Chicago personal injury lawyer will know the differences and be able to work within Illinois’ modified comparative negligence laws to help you file an Illinois personal injury claim.

Comparative vs. Contributory

Negligence is a major factor in determining liability in an Illinois personal injury claim as it determines who is at fault for your injuries and how to fairly apply compensation. The two major types of negligence, comparative and contributory, have distinct differences in how a party is found to be at fault.

Contributory negligence states that any degree of fault from the injured party negates them from being able to claim damages. Comparative negligence, which is practiced in Illinois, allows for the injured party to have some degree of fault in their accident and still recover reduced damages, usually in respect to their own percentage of fault.

The 3 Types of Comparative Negligence

There are 3 levels of comparative negligence law being used in various states:

 

  • pure comparative negligence;
  • modified comparative negligence (50% bar rule); and
  • modified comparative negligence (51% bar rule).

 

Pure comparative negligence involves the judge or jury assigning each party a degree of fault in the accident that caused your personal injury. Depending on your percentage of fault, your compensation will be reduced in comparison. So if your case settles for a $100,000 award and you were found to be 20% at fault, you will be awarded $80,000.

The modified comparative negligence system, as used in Illinois, also looks at the degree of fault as a percentage. However, there is a threshold of fault, that when surpassed, automatically renders a not-guilty verdict for the defense. In Illinois, if you are found to be more than 51% responsible for your accident during the course of your Illinois personal injury claim, your case is settled in favor of the defense.

Continue reading to find out how fault is commonly determined and how a Chicago personal injury lawyer can help you prove you were under the Illinois modified comparative negligence threshold.

Continue to Next Page >>

Contact Us

Please Wait...
Success!
Something is wrong with your submission.

Practice Areas

  • Auto Accident
  • Slip And Fall Accidents
  • Work Related Personal Injury
  • Wrongful Death
  • Construction Accidents

New Free Book

Free Book: Myths and Mistakes About Illinois Personal Injury Cases

Myths & Mistakes: How Illinois Accident Victims Wreck Their Own Personal Injury Cases

Get the book

What our clients are saying

I would highly recommend Barry to anyone seeking an attorney.
—John

I would absolutely, unequivocally say that Barry Doyle is a top injury attorney.
—Cedric McL.

Barry took the time to make me feel that my case and my feelings were important to him. He’s not your typical attorney.
—Pam

Read more testimonials
Call us:
(312) 263-1080
facebook icon google plus icon twitter icon youtube icon
Locations

Skokie, IL

  • 4709 West Golf Road, Suite 1140
    Skokie, IL 60076
  • Phone: (312) 263-1080
  • Get Directions

Chicago, IL

  • By appointment only:
    10 South LaSalle Street, Suite 2160
    Chicago, IL 60603
  • Phone: (312) 263-1080
  • Get Directions

Orland Park, IL

  • By appointment only:
    15255 South 94th Avenue, 5th Floor
    Orland Park, IL 60462
  • Phone: (312) 263-1080
  • Get Directions
Email Us
Please Wait...
Success!
Something is wrong with your submission.
© 2021 The Law Offices of Barry G. Doyle, P.C., All Rights Reserved, Reproduced with Permission Privacy Policy