Illinois Jury Instruction - 2.2 With Comparative Negligence Defense
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FAQ
If the health care professional is 60% at fault and the patient is 40% at fault, the patient will be awarded 60% of the damages. By far the most common calculation for damages is the ?modified comparative negligence? rule.
The Court adopted the ?pure form? of comparative negligence as the law in Illinois. Any contributory negligence chargeable to a plaintiff diminishes proportionately the amount awarded as compensatory damages, but no longer entirely bars recovery.
Under contributory negligence, the plaintiff is barred from recovering damages if they are found even partially at fault. On the contrary, under comparative negligence, a plaintiff may still recover damages. However, damages are generally reduced by the percentage of the plaintiff's fault.
Contributory negligence can be a complex issue, but a simple example of this is in road traffic accident claims where the claimant has failed to wear a seatbelt. The court will deduct 25 per cent for contributory negligence if it's agreed the claimant would not have suffered any injury had they been wearing a seatbelt.
When an injured party is in any way negligent for the accident they suffered, they cannot recover damages. Comparative Negligence Defined: Plaintiff is not barred from recovery by his contributory negligence, but his recovery is reduced by a proportion equal to the ratio between his own negligence and total negligence.
Ing to law, if a plaintiff, due to his lack of reasonable care, contributed to the damage caused by the defendant, he has committed contributory negligence. Whereas, if the plaintiff suffers a personal injury due to two or more wrongdoers, it is a case of composite negligence.
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm. Contributory negligence has been replaced in many jurisdictions with the doctrine of comparative negligence.