Illinois Negligence Laws

Each state has its own laws that determine fault in personal injury cases. In Illinois, we determine negligence in an accident based on a rule called modified comparative negligence.

This allows for both the plaintiff and the defendant in a personal injury claim to hold partial liability for the accident. Illinois negligence laws will play a critical role in establishing the amount of compensation an injury victim will be entitled to receive.

When You Hold Some Blame for the Accident

What modified comparative negligence essentially means is that you will still be able to recover damages if you are partially responsible for your accident. However, the amount you’ll walk away with will largely depend on the percentage of fault you’re found to hold.

You can expect that your awarded amount will be reduced by the percentage of blame you’re assigned. This is why the defendant in your claim is likely to attempt to place as much blame on you as possible. If you are found to be more than 50 percent at fault, you will no longer be able to recover your losses from the other involved party.

Modified Comparative Negligence in Action

One way you can expect your case to be handled if you are partially at fault can be illustrated in the following example.

Let’s say you are injured in an auto crash and decide to bring forward a personal injury claim against the other driver involved in the collision. After much negotiation and review of the evidence, you are found 20 percent liable for the crash and your resulting injuries.

Then, after hearing the testimony of both parties, a judge has decided that you are to be awarded $100,000 for your damages. This amount will be reduced by the 20 percent of the fault you hold. You will actually have won $80,000.

Contact a Rockford Personal Injury Lawyer

If you were recently involved in an accident and have questions about who will be found liable for your injuries, reach out to an experienced Rockford personal injury lawyer at Mahoney & Mahoney, LLC.

We can give you a better idea of what you can expect if you choose to move forward with a personal injury claim. Schedule your free claim evaluation today by filling out the contact form below or giving us a call at 815-656-4600.