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Comparative Fault in Illinois

·

By

ACL

The short answer

Illinois uses modified comparative fault. A plaintiff’s damages are reduced by its own share of fault, and a plaintiff more than 50 percent at fault recovers nothing (735 ILCS 5/2-1116).

Where it fits in your case

Whenever the defense argues the plaintiff contributed to its own loss.

What to expect

  • Percentages are decided by the jury or judge.

  • The 50 percent bar applies to negligence-based claims.

  • Multiple defendants. A defendant less than 25 percent at fault may be only severally liable for some damages.

What we need from you

Facts about your own conduct as well as the other side’s, documented honestly.

Common misconceptions

  • “Any fault on our part ends the case.” It reduces recovery unless it exceeds 50 percent.

  • “Fault is split evenly.” It is assigned by percentage.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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