What Is Comparative Negligence and Why Does It Matter?

 Posted on July 14, 2025 in Car Accidents

If you have been injured in an accident caused by another person, you may be entitled to significant compensation. In order to get the compensation you deserve, you must prove that the other party caused the accident through negligence. In Illinois, the law of comparative negligence can play a major role in how much compensation you receive for your damages. An Orland Park, Illinois personal injury attorney can work with you to maximize the value of your claim.

At the Law Office of J. Francis Barker, P.C., we provide dedicated counsel and representation for a wide variety of accidents. As a solo attorney, Attorney Jaime Barker will provide you with one-on-one service, so you can rest assured that your case will not get passed to a junior associate. When you work with our firm, we will fight to reduce any allegations of negligence on your end.

Determining Fault for an Accident in Illinois

To recover compensation in a personal injury claim, you must show how the other party was negligent. In a few states, negligence is treated as "all or nothing," where you cannot recover anything at all if you share any responsibility for the accident. In Illinois, you can collect compensation for an accident even if you were partially at fault – up to a point. This legal standard is known as comparative negligence.

At the Law Office of J. Francis Barker, P.C., we can conduct an investigation to hold the negligent party responsible for the accident. Depending on the accident, we can look at camera footage, collect witness statements, or gather other documentation like police reports to build a foundation of evidence.

Can I Lose My Right to Compensation if I Share Fault in an Accident?

Under the law of comparative negligence, you can still get paid in a personal injury claim even if you shared some fault for an accident. However, the amount you receive in compensation will be reduced proportionately. For example, if you were speeding five miles over the speed limit at an intersection before getting T-boned by a driver who ran a red light, the total value of your claim might be reduced by a small percentage.

As long as you were less than 50 percent at fault for an accident, you can collect compensation. Our attorneys will advocate for maximum compensation on your behalf, aggressively fighting against claims of negligence on your part.

What Not to Say to Insurance Adjusters

The thing to keep in mind with insurance companies is that they are primarily motivated by profit and they rarely want to pay you the full value of your claim. As such, insurance adjusters will be looking carefully for anything that suggests you were at fault. If you are contacted by an insurance adjuster, be mindful of how you answer their questions. Most importantly, do not say anything that could imply that you were negligent. We can handle all negotiations with insurance adjusters on your behalf, ensuring that your best interests are protected.

Contact a Cook County, IL Car Accident Lawyer

The Law Office of J. Francis Barker, P.C. can help you avoid common mistakes related to comparative negligence in your injury claim. To schedule a free consultation with our Orland Park, IL personal injury attorney, call our firm at 708-321-1223 today.