Illinois · Comparative Negligence

Illinois Comparative Negligence Rule

Illinois follows a modified 51% bar rule under 735 ILCS 5/2-1116. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Illinois

Rule type
Modified 51% bar

Claimant barred when fault is greater than 50% (the 51% rule).

Max fault to recover
50%
735 ILCS 5/2-1116 →
How recovery works
Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified
2026-05-22
Source type
Primary (state statute)

Details for Illinois

Illinois follows modified comparative negligence with a 51% bar. A claimant is barred from recovery when contributory fault is more than 50% of the proximate cause of injury. At 50% or below, damages are reduced in proportion to the claimant’s fault.

Related: Illinois statute of limitations

Illinois gives you 2 years to file a personal injury lawsuit under 735 ILCS 5/13-202.

See the full Illinois statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Illinois attorney before relying on it.

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Illinois Comparative Negligence FAQ

What comparative negligence rule does Illinois follow?

Illinois follows a modified 51% bar rule under 735 ILCS 5/2-1116. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Illinois?

Yes, up to a point. In Illinois you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Illinois?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Illinois bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Illinois?

Illinois gives you 2 years to file a personal injury lawsuit under 735 ILCS 5/13-202.

Where can I read the actual rule?

The controlling authority is 735 ILCS 5/2-1116. The full text is available at https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116.

See comparative negligence rules for all 51 covered states

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