Comparative Negligence in Illinois
State-specific overview · Tort Law
Illinois bars recovery if you are more than 50% at fault; damages reduce by your fault percentage.
How Illinois treats Comparative Negligence
Illinois applies modified comparative negligence under which a plaintiff cannot recover if their negligence is greater than the combined negligence of all defendants (the 51% bar rule). If the plaintiff is 50% or less at fault, their recovery is reduced proportionally by their percentage of negligence. This rule applies across personal injury litigation in Illinois state courts.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.