Illinois’s Comparative Negligence Rule
The state of Illinois operates under a comparative negligence rule, which means that when determining damages for an injury, it compares the fault of each party when assigning liability for the incident. It is important for Illinois residents to understand how this law affects them in the event of an injury, and the claims that may be available to pursue relief.
What Is Comparative Negligence?
Comparative negligence is an area of tort law that assigns responsibility for an injury or damages to multiple parties based on their degree of fault. The law states that a person’s negligence in causing an incident may be taken into account when assigning damages in a civil case. Illinois operates under a modified comparative negligence rule, which means that when both parties are at fault for an incident, the fault of each party is compared and damages are awarded based upon the degree of negligence.
Under the modified rule, if it is determined that the plaintiff is more than 50% at fault for the incident, then they are not allowed to recover any damages from the defendant. If the plaintiff is found to be 50% or less responsible, however, they can still obtain damages from the defendant. The damages will be reduced by the percentage of the plaintiff’s fault in causing the incident.
In other words, if the plaintiff is 40% responsible for the incident, and the remainder is attributed to the defendant, the defendant may still owe the plaintiff damages, but those damages will be reduced by 40%. This means that the plaintiff would only be able to recover 60% of what they would have been able to without the comparative negligence factoring into compensation.
How Does This Affect Injury Cases?
This law can be difficult to decipher in the context of a personal injury case. Under the Illinois comparative negligence law, any claims that a plaintiff makes in court could be affected by the extent to which their negligence is found to have contributed to the incident. For instance, in a claim for medical expenses that are incurred from an auto accident, the plaintiff must prove that the defendant is liable for the injuries that were sustained in the accident, and can be held responsible for the damages.
During the course of the trial, however, the defendant has the opportunity to argue that the plaintiff’s own negligence contributed to the incident, and thus their damages should be reduced accordingly. If it is found that the plaintiff was negligent in any way that caused the incident, those damages will be reduced by the percentage of the plaintiff’s negligence when assigning damages.
What Types Of Negligence Are Considered?
When examining a personal injury case under comparative negligence, the court will consider all of the circumstances that contributed to the incident. This can include things such as distracted driving, speeding, failing to wear a seatbelt, or failing to check traffic signals before entering an intersection. All of these factors will be considered and weighed in order to determine the percentage that the plaintiff was negligent and responsible for their own injuries.
In addition, other forms of negligence may also be considered such as negligent supervision or emotional distress. For example, if a negligence claim is brought against a school for failing to provide adequate supervision of students, the court may consider how the plaintiff acted in order to determine the extent of their own negligence when reducing the damages.
Conclusion
Understanding Illinois’s comparative negligence rule is essential for those who have sustained an injury and intend to pursue a legal claim for damages. In addition to knowing the rule, it is important to recognize the types of negligence that could be taken into account and the ways in which their damages could be affected. Consulting with an experienced personal injury attorney can provide assistance to those who are considering a negligence claim.
