Since 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 you have been found to be 15% at fault for the incident, you will only receive 85% of the total damages and losses.
Negligence/Negligent
Key Takeaways
- Illinois is an at-fault state that uses a “modified comparative negligence” system to determine compensation in a personal injury case.
- You can only receive compensation for an accident if you are found to be less than 50% at fault.
- The compensation you are awarded will be reduced by your exact percentage of fault for the incident. For example, if you are 15% at fault, you will receive 85% of the total damages.
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