Understanding Illinois Comparative Negligence Rule for Personal Injury Lawsuits

Illinois comparative negligence law may allow an injured person to recover compensation even when they share some responsibility for the accident.

If you’ve recently been injured in a car accident or a slip and fall accident, you may wonder whether you are still allowed to file a lawsuit if you were partially at fault. The answer is often yes. Under Illinois law, an injured person can generally recover damages when their contributory fault is not more than 50% of the proximate cause of the injury, although the amount recovered is reduced according to the percentage of fault attributed to the plaintiff.

Illinois follows a form of comparative negligence that requires the parties’ respective fault to be considered when determining damages. The current statute, 735 ILCS 5/2-1116, provides that a plaintiff is barred from recovering damages when the trier of fact finds that the plaintiff’s contributory fault is more than 50% of the proximate cause of the injury or damage. When the plaintiff’s fault is not more than 50%, any damages awarded are diminished in proportion to the plaintiff’s fault.

Quick Answer:
You may still be able to recover compensation even if you were partly responsible for your injury. In Illinois, a plaintiff whose contributory fault is 50% or less is not automatically barred from recovering damages, but the award is reduced by the plaintiff’s percentage of fault. A plaintiff found to be more than 50% at fault is barred from recovering damages under the statute.

View 735 ILCS 5/2-1116 — Limitation on recovery in tort actions

Understanding Illinois’ Comparative Negligence Rule

Comparative negligence is a legal concept used to assign responsibility among parties involved in an accident. Instead of automatically preventing an injured person from recovering simply because they contributed to the accident, Illinois law compares the plaintiff’s fault with the fault involved in causing the injury.

For example, if a jury determines that an injured person was partly responsible for an accident, that person’s damages can be reduced by the percentage of fault assigned to them. This means that a person does not necessarily lose the right to recover simply because they made a mistake or failed to exercise ordinary care.

The Illinois statute draws the line at more than 50% contributory fault. When the plaintiff’s fault is not more than 50% of the proximate cause of the injury, the plaintiff is not barred from recovering, but the damages are reduced in proportion to the plaintiff’s fault.

Determine Each Party’s Fault

The facts of the accident are examined to determine what each person or party did that contributed to the injury.

Calculate the Plaintiff’s Percentage

The plaintiff may be assigned a percentage of fault based on the evidence presented in the case.

Reduce the Award

If the plaintiff is found to be 50% or less at fault, the damages awarded are reduced according to the plaintiff’s percentage of fault.

The 50% Threshold Matters

A plaintiff found to be more than 50% at fault is barred from recovering damages under Illinois’ comparative negligence statute.

When Is a Plaintiff Considered Contributively Negligent?

Under Illinois Pattern Jury Instruction B10.03, a plaintiff may be considered contributorily negligent when they fail to use ordinary care for their own safety and that failure is a proximate cause of the injury.

Two Questions Matter

1.
Did the plaintiff fail to use ordinary care for their own safety?

2.
Was that failure a proximate cause of the plaintiff’s injury?

The answer to those questions depends on the evidence. A defendant may argue that the plaintiff’s own actions contributed to the accident, while the plaintiff may present evidence showing that the defendant’s conduct was the primary cause of the injury.

What Happens When the Plaintiff Is 49% at Fault?

Consider a case in which a jury determines that the plaintiff was 49% responsible for an injury and another party was responsible for the remaining 51%.

Total Damages: $100,000

Plaintiff’s Fault: 49%

Potential Recovery: $51,000

Because the plaintiff’s contributory fault is not more than 50%, the plaintiff is not barred from recovery under 735 ILCS 5/2-1116. Instead, the damages would be reduced in proportion to the plaintiff’s fault. A $100,000 award would therefore be reduced by 49%, leaving $51,000 before consideration of any other applicable issues.

What Happens If the Plaintiff Is More Than 50% at Fault?

Now consider the same type of accident where the jury determines that the plaintiff was 51% responsible and the defendant was 49% responsible.

Total Damages: $100,000

Plaintiff’s Fault: 51%

Recovery Barred Under Illinois Law

Under Illinois’ comparative negligence statute, a plaintiff whose contributory fault is more than 50% of the proximate cause of the injury is barred from recovering damages.

That makes the percentage of fault assigned to each party extremely important in an Illinois personal injury lawsuit. A dispute over whether a plaintiff is 49%, 50%, or 51% responsible can make a substantial difference to the outcome of a case.

Example of Illinois Comparative Negligence in a Slip and Fall

Imagine that Joe is injured in a slip and fall at a gas station. There is liquid on the floor from a cooler in the back. Joe slips on the liquid and breaks his arm.

Joe argues that the gas station was responsible because it allowed a dangerous condition to remain on the premises. The gas station argues that Joe was responsible for the accident because he was looking at his cell phone when he fell.

A jury determines that Joe was 25% responsible for his injury because he was looking at his phone and awards him $50,000 in damages.

25%

Joe’s Fault

Joe is found 25% responsible for the injury.

75%

Recoverable Share

Joe can recover 75% of the damages awarded by the jury.

$37.5K

Final Example Recovery

75% of $50,000 equals $37,500.

In this example, Joe would recover $37,500, representing 75% of the $50,000 jury award. The reduction reflects the 25% of fault attributed to Joe.

The Important Point:
Being partially at fault does not automatically prevent an injured person from recovering damages in Illinois. The key question is how much contributory fault is ultimately attributed to the plaintiff under the applicable law and evidence.

Evidence Can Make a Major Difference

Comparative negligence disputes often come down to evidence. Insurance companies and defendants may argue that an injured person caused or contributed to the accident, which can reduce the value of the claim or potentially prevent recovery altogether.

Evidence that may be important includes photographs, surveillance footage, accident reports, witness statements, medical records, property records, vehicle information, and other documentation showing what happened before and during the accident.

An experienced personal injury attorney can investigate the circumstances of the accident, challenge unsupported allegations of fault, and present evidence showing how responsibility should be allocated.

Don’t Assume That Partial Fault Means You Have No Case

One of the biggest misconceptions about Illinois personal injury law is that you cannot recover damages if you contributed to your own accident. Illinois’ comparative negligence rule is more nuanced. A plaintiff who is 50% or less at fault is not automatically barred from recovery, although the damages are reduced according to the plaintiff’s percentage of fault. A plaintiff found to be more than 50% at fault is barred from recovering damages under the statute.

Because the difference between partial recovery and no recovery can depend on a percentage determination, it is important to take allegations of comparative negligence seriously and gather evidence that supports your account of what happened.

Talk to a Champaign, IL Personal Injury Lawyer Today

Patel Law, PC represents the interests of injured parties in personal injury lawsuits. If you have been injured in a car accident, slip and fall, or another accident and the other side claims that you were partially at fault, call our Champaign personal injury lawyers today to schedule a consultation so we can begin investigating your allegations immediately.