How Illinois Comparative Negligence Laws Affect Your Injury Claim

What Is Comparative Negligence?

Comparative negligence is a legal principle used to determine liability and compensation in cases where multiple parties share fault for an accident. Instead of placing all responsibility on one party, comparative negligence divides fault among those involved.

Illinois uses a modified comparative negligence system with a 51% bar rule:

• If You Are Less Than 51% At Fault: You can recover compensation, but your percentage of fault will reduce your award.
• If You Are 51% or More At Fault: You are barred from recovering any compensation.

How Comparative Negligence Works in Illinois

When you file a personal injury claim in Illinois, the insurance company, court, or jury will assess the evidence and assign a percentage of fault to each party. For example:

• Scenario 1: You are rear-ended at a stoplight but failed to use your turn signal. The court finds you 20% at fault for the accident and the other driver 80% at fault. If your damages total $100,000, your compensation will be reduced by 20%, leaving you with $80,000.
• Scenario 2: You slip and fall in a store but were distracted because you were texting. If the court determines you are 55% at fault, you will not receive compensation under Illinois law.

This system emphasizes the importance of minimizing your own liability and presenting a strong case to reduce the percentage of fault assigned to you.

Common Examples of Comparative Negligence in Illinois

Here are a few real-world scenarios where comparative negligence may come into play:

• Car Accidents: If two drivers contribute to a collision, such as one speeding and the other running a red light, fault will be divided between them.
• Slip and Fall Cases: If you fall in a store but were partially distracted or wearing inappropriate footwear, your compensation may be reduced based on your share of fault.
• Bicycle or Pedestrian Accidents: If a pedestrian jaywalks but a driver is speeding, both may share responsibility for the accident.

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How Comparative Negligence Affects Your Compensation

The percentage of fault assigned to you directly reduces the compensation you can receive. Here’s a breakdown:

• Damages Calculation: Start with the total amount of your damages (e.g., medical expenses, lost wages, pain and suffering).
• Fault Deduction: Subtract your percentage of fault from the total damages.

For example:

• Total Damages: $50,000
• Your Fault: 30%
• Compensation: $50,000 – (30% of $50,000) = $35,000

This demonstrates why minimizing your assigned fault in a personal injury case is critical.

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Strategies to Minimize Your Fault

To protect your claim under Illinois comparative negligence laws, consider these steps:

1. Document the Incident: Take photos, gather witness information, and file a report to strengthen your case.
2. Seek Medical Attention: Promptly address injuries to establish a clear link between the accident and your damages.
3. Avoid Admitting Fault: Be cautious about what you say to the other party, witnesses, or insurance companies.
4. Hire an Experienced Attorney: A skilled personal injury lawyer can build a strong case to minimize your fault and maximize your compensation.