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August 24, 2020
Written by: Costa Ivone

Understanding Comparative Negligence in Illinois

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When there is an accident of any kind, be it a fall or a car crash, it is essential to identify who is at fault so that the damaged party can get what they need to recover properly. For example, in a car accident, there may be medical bills that cannot be covered without the payout from an insurance company.

Today we will be discussing what the Comparative Negligence rule in Illinois is, and just how it works so that you understand how fault is determined and can make the best case for yourself in case of accident or injury. You can never be too prepared, and knowing how things work is always a good thing!

So let’sget started!

Comparative Negligence in Illinois

In many states, there is a law called Comparative Negligence, and it is used when determining the percentage of one’s fault in an accident and what funds can be distributed to which parties depending on the fault, or negligence. In Illinois, a state that observes this law, the rules are 51/49 percent. If the plaintiff is less at fault than the other party, they can receive the damages.

For example, if there is a car accident, where one person was turning left from a stop sign onto a busy street, and it was clear, but someone was coming from the right going twenty over the speed limit and collides with the person turning, both take the blame. But the person who was speeding might take more blame than the person who was turning when it appeared to be clear.

This is a clear case of negligence on both parties; it is just who shares more of the blame. That is what is important when determining liability, which we will discuss in the next section.

Percentage of Liability

However there is more than one way in which to view Comparative Negligence, this is just how Illinois goes about it, and it is called Modified Comparative Fault. An important factor when considering how much money one might get in damages is their percentage of liability.

For example, if you’re in an accident where you are 50% at fault but have determined that the cost of the damages to you is 100,000, you will only receive 50,000 if approved, as you were half liable for the accident. So obviously, the less fault you bear, the more of the funds you would get at the time of disbursement.

Wrapping Up

Accidents, by their definition, are never expected, and are always terrible when they happen, be they big or small. But being more prepared for when one happens is never a bad thing, and understanding the laws that back liability and negligence in the state you live in is very important.

Of course, you should always do more research and even consider contacting a lawyer to help you navigate the deep legal waters of personal injury, but in the end, if you’re not at fault, you will receive the compensation you are expecting.