Request a Free Consultation

Is Illinois a Comparative Negligence State?

Request a Free Consultation
Posted on April 18, 2024

Have you been injured in an accident? If someone else is to blame, they could owe you compensation for the many ways the accident has affected your life. This could include everything from dollars-and-cents expenses like medical bills and lost income to more subjective losses like pain and suffering. But what happens if you are partially to blame for your own injuries? Can you still recover compensation? Thanks to Illinois’s comparative negligence laws, the answer may be yes.

Understanding Comparative Negligence in Illinois

Illinois follows a modified comparative negligence standard, under which you can still recover compensation for an injury, so long as you are not more than 50 percent responsible for it. So, as long as you are not mostly to blame for the accident, you could still have a viable claim against other at-fault parties.

However, under this Illinois rule, any award you receive is reduced in accordance with your degree of fault. In other words, if a court finds you 40 percent at fault for the accident and your injuries, the most you could recover is 60 percent of the total value of your claim.

Implications for Personal Injury Claims

Illinois’s modified comparative negligence statute means you can only recover damages when less than 51 percent responsible. It also means that each percentage point of fault assigned to you will reduce the value of any award you might receive. As such, the stakes are high during a personal injury claim, which is why you should strongly consider securing legal representation. An experienced personal injury attorney can help you by:

  • Evaluate Your Case– Your attorney will investigate your claim to determine fault between the involved parties and weigh the case’s strengths and weaknesses.
  • Strengthen Your Claim– Your lawyer can gather evidence to support your case and seek to reduce your share of fault.
  • Assess Losses– Your attorney can assign a fair value to your losses and determine how much money you’ll need to cover them.
  • Handle Negotiations– Insurance companies want to pay as little as possible, and they’ll argue that it’s justified based on the percentage of fault you’d be assigned at trial. A skilled lawyer can counter their arguments and negotiate for the best possible outcome.
  • Represent You in Court– If the insurance company won’t make you a fair settlement offer, you’ll need to go to trial to make your case. Court decisions are binding, so it’s absolutely critical that you present the strongest case possible tat trial.

Contact a Personal Injury Attorney Serving Springfield, Illinois

Don’t let fear that you might have been to blame for your injuries prevent you from seeking the compensation you deserve. At Holley, Rosen & Beard, LLC, we can answer questions you may have about your case and explain your legal options. We’ll investigate the accident, handle the frustrating conversations with insurance companies, and fight to recover the compensation you need. Call us today to speak with a personal injury attorney for Springfield, Illinois. Your first meeting with us is free.