How does Illinois’ modified comparative negligence rule affect your personal injury case?
Personal Injury - October 13, 2024
Illinois’ modified comparative negligence rule plays a significant role in determining fault and compensation in personal injury cases. If you are partially at fault for an accident, your compensation may be reduced, and you may lose your right to recover damages if you are found 50% or more responsible.
At Horwitz, Horwitz & Associates, we help personal injury victims navigate Illinois’ complex negligence laws to ensure they get the compensation they deserve. Keep reading to learn more about comparative negligence in this state, then call our Chicago personal injury attorneys to schedule a free consultation and get started on your case.
What is Illinois’ modified comparative negligence rule?
Illinois’ modified comparative negligence system allows injury victims to recover compensation even if they are partially at fault for the accident—but with a critical limitation:
- You can only recover damages if you are less than 50% at fault for the accident.
- If you are 50% or more at fault, you cannot recover any compensation.
- Your total compensation will be reduced based on your percentage of fault.
This law ensures that the damages you receive reflect your degree of responsibility for the accident.
How does modified comparative negligence work?
Here’s a breakdown of how the Illinois modified comparative negligence rule applies in a personal injury case.
Determining fault
After an accident, insurance companies, lawyers, or the courts will evaluate the evidence to assign a percentage of fault to each party involved. This could include police reports, witness statements, surveillance footage, and expert analysis.
Calculating compensation
Your compensation will be reduced by your percentage of fault. For example:
- If you are awarded $100,000 in damages but found to be 20% at fault, your compensation will be reduced by 20%, leaving you with $80,000.
- However, if you are found 50% or more at fault, you will not be eligible for any compensation.
Proving fault
It is critical to provide strong evidence that minimizes your share of the blame. Insurance companies often try to assign as much fault as possible to victims to reduce their liability, making legal representation essential.
Examples of Illinois’ modified comparative negligence in action
To better understand how this rule works, let’s look at two examples.
Example 1: Car accident with shared fault
You’re involved in a car accident and suffer $50,000 in damages. The court determines you were 30% at fault for speeding, while the other driver was 70% at fault for running a red light.
Under the modified comparative negligence rule, your compensation would be reduced by 30%, so you would recover $35,000.
Example 2: Slip-and-fall accident with equal fault
You slip and fall in a grocery store, suffering $20,000 in damages. The court finds you were 50% at fault because you were distracted by your phone and didn’t notice a clear warning sign.
Since you are 50% at fault, you cannot recover any compensation.
Why Illinois’ modified comparative negligence rule matters
Understanding this rule is crucial because it directly impacts your ability to recover damages and the amount you can receive. Here’s why it matters:
- Shared fault is common – Many accidents involve multiple contributing factors. For example, in a car crash, one driver may have been distracted while the other was speeding. Illinois’ rule accounts for these shared responsibilities.
- Insurance companies use it to deny claims or reduce payouts – Insurers often argue that victims share significant fault to minimize their liability. Without strong legal representation, you risk being assigned more blame than you deserve.
- The 50% bar is strict – If you are found 50% or more responsible, you lose your right to compensation entirely. Properly presenting your case is essential to staying below this threshold.
How to protect your rights under Illinois’ modified comparative negligence rule
To secure the compensation you deserve, take these steps:
- Gather evidence – Collect as much evidence as possible, including photos of the accident scene, medical records, witness statements, and police reports. This can help prove the other party’s fault and minimize your own.
- Avoid admitting fault – Be cautious when speaking to insurance adjusters or others involved in the case. Admitting even partial responsibility can be used against you later.
- Consult an experienced attorney – Working with a skilled personal injury attorney can make all the difference. At Horwitz, Horwitz & Associates, we will investigate your accident thoroughly, challenge any attempts to unfairly assign blame to you, and negotiate aggressively with insurance companies to maximize your compensation.
Work with us to get the compensation you deserve
Don’t leave your case to chance if you or a loved one has been injured in an accident. Contact us online or call (800) 985-1819 to schedule a free consultation. Our experienced Chicago personal injury lawyers will protect your rights and fight for the compensation you deserve.
