Modified Comparative Negligence (51% Bar)
Illinois follows modified comparative negligence with a 51% bar (735 ILCS 5/2-1116). Plaintiff is barred from recovery only if fault is greater than 50%. If 50% or less at fault, damages are reduced proportionally.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Illinois follows modified comparative negligence with a 51% bar (735 ILCS 5/2-1116). Plaintiff is barred from recovery only if fault is greater than 50%. If 50% or less at fault, damages are reduced proportionally.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Illinois does not impose general caps on compensatory damages
$0
Based on reported cases in Illinois
7,859
Personal injury lawsuits per year
This calculator provides estimates only and is not legal advice. Laws in Illinois are complex and individual case results vary. Consult a licensed Illinois attorney for advice specific to your case.