Understanding Comparative Negligence in Illinois Personal Injury Cases
Michael Mannis

When you're injured in an accident, it's common to wonder:

“What if I was partly at fault? Can I still get compensation?”

The answer in Illinois is yes—thanks to comparative negligence laws. At Mannis Law, our Chicago personal injury attorneys explain how fault works and how it may impact your injury settlement.

🧠 What Is Comparative Negligence?

Comparative negligence is a legal rule that assigns fault proportionally between all parties involved in an accident. Instead of one person being 100% to blame, each party is assigned a percentage of fault based on their actions.

Illinois Uses Modified Comparative Negligence

Under 735 ILCS 5/2-1116, Illinois follows the “51% rule” of modified comparative negligence. Here's how it works:

  • You can recover compensation if you're 50% or less at fault.

  • Your total compensation will be reduced by your percentage of fault.

  • If you're more than 50% at fault, you cannot recover any damages.

📊 Example Scenario

Let’s say you're awarded $100,000 in a personal injury case, but the court finds you 25% at fault for the accident (maybe you were speeding when someone ran a red light).

  • Your compensation would be reduced by 25%.

  • You would receive $75,000 instead of the full $100,000.

But if you were 60% at fault, you would receive nothing.

🏙️ Why It Matters in Chicago Accidents

Comparative negligence is especially common in:

  • Car accidents with multiple drivers

  • Pedestrian accidents (jaywalking vs. distracted driving)

  • Slip and fall cases (failure to notice a warning sign)

  • Bicycle collisions (riding against traffic)

Insurance companies often use this rule to shift more blame onto you and reduce what they owe. That’s why it’s crucial to have an experienced Chicago personal injury attorney on your side.

 

💼 How Mannis Law Can Help

Our attorneys will:

  • Investigate your case thoroughly

  • Challenge unfair fault assignments

  • Work with accident reconstruction experts if needed

  • Fight for your full and fair compensation

With over 25 years of experience handling personal injury claims in Chicago, Mannis Law understands how to build strong arguments under Illinois law.

 

📞 Injured in an Accident? Don’t Let Shared Fault Stop You.

Even if you think you were partly to blame, you may still be eligible for significant compensation. Let Mannis Law review your case for free.

👉 Call 312-704-4300 or visit www.mannis.com to speak with a top-rated Chicago personal injury lawyer.