Damages Allocation in Illinois
2 min read
Published July 14, 2026 • By DocketMath Team
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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.
Current verified answer
Illinois damages-allocation: limitation period is see statute; damages is Compensation sought by a plaintiff for harm suffered..
Run the allocationAuthority and key facts
- Limitation Period: see statute
- Damages: Compensation sought by a plaintiff for harm suffered.
- Threshold Percentage: 50
- Threshold Percentage: 50
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.
Damages Allocation in Illinois
In Illinois, a plaintiff's recovery in a personal injury action is reduced by their own percentage of fault, provided that percentage is 50% or less. This rule, codified at 735 ILCS 5/2-1116, applies a modified comparative negligence standard. If the plaintiff's fault exceeds 50%, they are barred from any recovery. When the plaintiff's fault is 50% or less, the court reduces the total damages awarded by that exact percentage. The statute sets out the specific formula and any applicable exceptions; the official source contains the full text. The worked example below demonstrates how this calculation operates in practice. To estimate your own potential recovery, use the DocketMath calculator.
Governing authority
In Illinois, the damages allocation rule is set by 735 ILCS 5/2-1116. The verified packet cites 735 ILCS 5/2-1116 (https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116).
Illinois damages allocation: the verified value is 50% under 735 ILCS 5/2-1116. The verified packet cites 735 ILCS 5/2-1116 (https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116).
Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.