Comparative Negligence Law is tort law in the State of Illinois. Tort law concerns most civil suits excluding contractual disputes and seeks to compensate for damages, injuries, or losses. In Illinois, it used to apply contributory negligence in which a plaintiff, if proved to be at fault even at 1% of the incident, will be barred from getting compensation. However, in
1981, the State of Illinois ruled in favor of
pure comparative negligence.
Comparative negligence, simply put, is when a plaintiff is proved to be at fault to some degree. In this scenario, the plaintiff will be compensated minus the degree of responsibility. Illinois has adopted the modified comparative negligence in determining recovery damages, a concerned party may only be entitled to compensation if they are less than 50% at fault for the accident. However, this doesn’t mean that the said party will automatically receive 100% compensation. Modified comparative negligence will still take into account the degree of responsibility and will deduct this from the compensation. For instance, if a plaintiff is found to be 25% at fault for $100,000 worth of damages, the plaintiff will recover 75% of the damages or $75,000.
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