What Are Illinois Comparative Negligence Laws? (2026)
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Reviewed By Adam Ramirez, J.D.
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- What Is Comparative Negligence in Illinois?
- How Does Illinois' Modified Comparative Negligence Law Work?
- How Fault Percentage Affects Your Compensation
- How Is Fault Determined in Illinois Accident Cases?
- The Role of Insurance Companies in Comparative Negligence Claims
- What to Do if You Disagree With Fault Determination
- Get Legal Help for Your Comparative Negligence Case
Summary
- Illinois has modified comparative negligence laws
- If you are more than 49% at fault, you can’t receive damages
- You have two years to file a personal injury claim in Illinois
Knowing as much as possible about Illinois comparative negligence laws can help if you choose to pursue a personal injury claim. One big question is whether you can still receive compensation if you were partly to blame for the incident.
By understanding the comparative negligence laws in the state, you can have a better chance of obtaining the damages you deserve. Here’s what you can expect as you start this legal process.
What Is Comparative Negligence in Illinois?
Illinois comparative negligence laws address whether you can receive compensation for your losses if you were partially responsible for your own injuries. There are various types of negligence laws in the country, but Illinois specifically follows modified comparative negligence.
How Does Illinois' Modified Comparative Negligence Law Work?
Under Illinois’ modified comparative negligence, you can still obtain compensation if you share responsibility for the accident, but there is a threshold of fault you must not cross. This is called the 50% fault rule.
The 50% Fault Rule
In Illinois, you can recover losses if you were less than 50% responsible for the incident that led to your injuries. If you are assigned a higher percentage of liability than that, you can be barred from recovering anything.
How Fault Percentage Affects Your Compensation
Even if you are allowed to recover losses, your percentage of fault will impact your compensation significantly. Your winnings will likely be reduced by that amount, which could leave you with compensation that doesn’t cover all of your medical expenses, lost wages and pain and suffering.
How Is Fault Determined in Illinois Accident Cases?
Courts look at all available evidence to establish who may be responsible for the incident. They may consider everything from photos to witness statements to determine what occurred. Because such a significant focus is placed on evidence, knowing exactly what to present is essential.
An Illinois personal injury lawyer can make a difference in these instances. They will know how to clearly demonstrate how the incident occurred. This can mean relying on expert witness testimonies, eyewitnesses, traffic cameras and a number of other options.
The Role of Insurance Companies in Comparative Negligence Claims
Insurance companies are known for seeking out ways to minimize claims. Because of Illinois’ comparative negligence laws, they know that if they can increase your percentage of liability to above 49%, you will be barred from recovering anything. That means they would save themselves a settlement.
You can expect all manner of tactics from these companies to help achieve this result. For example, they can get their own experts to dispute the testimonies that accident reconstructionists or medical professionals have made and could outright refuse to negotiate further.
What to Do if You Disagree With Fault Determination
If you don’t agree with the determination that insurance companies make regarding your degree of fault, you will need to have a lawyer by your side. One of the first steps you should take is to notify the insurer in writing that you don’t agree with their decision. Your lawyer can help present evidence to support the reasons behind your disagreement.
You might also need to gather even more evidence to bolster your claim. This may be the time to contact further expert witnesses who can provide more supporting testimonies. You’ll need a lawyer for this as well, since they will have contacts in the appropriate fields.
Sometimes, insurers will still refuse to make a fair offer, even after these negotiations. When that happens, lawyers help people pursue personal injury lawsuits. These are complex cases because they require taking the claim to court. In some situations, however, it may be the only way to fight for fair compensation.
Get Legal Help for Your Comparative Negligence Case
If you have sustained injuries and other losses because of another party’s negligent or wrongful conduct, you may be able to receive compensation by filing a personal injury claim. For your claim to succeed, you will need to demonstrate that you shared less than 50% of the blame for the accident.
This is where an experienced attorney comes in. At ConsumerShield, we’re dedicated to connecting people who need legal help with the right team. We can put you in contact with local attorneys who know how to navigate the complicated negligence laws in Illinois. Contact us for a free case review to get started today.
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Frequently Asked Questions
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There are numerous factors that can have an impact on your settlement, including the quality of evidence you have and the severity of your injuries. How long it will take for you to heal and whether you have an attorney will matter, too.
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The statute of limitations for personal injury claims in Illinois is typically two years. There are many exceptions to this timeline, however, so you should quickly speak with an attorney if you were injured. If you miss the deadline, you may not be able to recover your losses.
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Personal injury claims can take weeks to months, but if there are disputes regarding fault, the process can slow down significantly. You may need to get more evidence and have further negotiations. In the most complex cases, you may have to go to court, which is a lengthy process.
