Understanding Comparative Negligence in Illinois Personal Injury Cases

Personal injury claims in Illinois fall under the state’s rules on comparative negligence, which determines how fault is allocated when multiple parties contribute to an accident. Knowing the laws can help protect your rights and seek fair compensation if you’ve been injured. Here’s what you need to know.

What Is Comparative Negligence?

Comparative negligence is a legal principle that allocates responsibility for an accident among all parties involved. In Illinois, the modified comparative negligence rule applies. This means:

  • If you are found to be 50% or less at fault, you can recover damages, but your percentage of fault will reduce your compensation.
  • You cannot recover damages if you are more than 50% at fault.

For example, imagine you’re in a car accident where another driver ran a red light, but you were speeding. The court determines that the other driver is 80% at fault, and you are 20% at fault. If your total damages are $100,000, you would be eligible to recover $80,000 (your damages reduced by 20%).

How Is Fault Determined?

Determining fault in a personal injury case involves examining evidence and applying legal standards. Key factors that can influence fault include:

  • Police reports–Official reports often include details about traffic violations or other actions contributing to the accident.
  • Eyewitness testimony–Statements from witnesses can clarify what happened and who was at fault.
  • Traffic laws–Violations of state or local traffic laws are strong indicators of negligence.
  • Expert analysis–Accident reconstruction experts can analyze the scene and determine how the incident occurred.

Comparative Negligence in Action

Suppose a pedestrian crosses the street at a marked crosswalk when a distracted driver hits them. However, the pedestrian was looking at their phone and stepped into the street without checking for oncoming traffic.

In this case, both parties may share fault. The driver may be found 70% at fault for distracted driving, while the pedestrian may be assigned 30% of the blame for failing to exercise caution. If the pedestrian’s damages amount to $50,000, they would recover $35,000 after a 30% reduction.

Why Comparative Negligence Matters in Illinois

In short, comparative negligence directly impacts your ability to recover compensation. Insurance companies often use comparative negligence to minimize payouts. For example:

  • An adjuster might argue that your actions contributed significantly to the accident, even if the evidence suggests otherwise.
  • They may downplay the other party’s role or exaggerate your level of fault to reduce your settlement.

Working with an experienced attorney ensures your side of the story is fully represented and that liability is fairly assessed.

Why You Need a Personal Injury Attorney

Navigating a personal injury case involving comparative negligence can be complex, which makes having informed representation essential. At Stein & Shulman, LLC, we have decades of experience helping injured clients secure fair compensation, even in challenging cases. Here’s how we can assist:

  • Comprehensive case analysis–We’ll gather evidence to build a strong case and counter attempts to assign unfair blame.
  • Expert collaboration–Our team works with accident reconstruction specialists, medical professionals, and other experts to prove liability and calculate damages.
  • Negotiation and litigation–Whether negotiating with insurance companies or advocating for you in court, we’ll fight to protect your interests.

Comparative negligence doesn’t have to hinder your recovery. Trust Stein & Shulman to help you navigate Illinois’ comparative negligence laws and receive the compensation you deserve. Contact us today for a free consultation.