Chicago Illinois Jury Instruction - 1.1 Comparative Negligence Defense

State:
Multi-State
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Chicago
Control #:
US-11C-0-1-1
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. Chicago Illinois Jury Instruction — 1.1 Comparative Negligence Defense is a crucial legal concept that applies in personal injury cases in the jurisdiction of Chicago, Illinois. It establishes guidelines for determining liability and apportioning damages when multiple parties are found to have contributed to an accident or injury. This instruction is designed to assist jurors in understanding the principles of comparative negligence and its implications in a legal setting. In Chicago, Illinois, there are three primary types of Comparative Negligence Defense instructions that may be given to the jury, depending on the circumstances of the case: 1. Pure Comparative Negligence: This instruction informs the jury that each party's negligence, regardless of the degree, should be considered when determining liability. The jury is instructed to assign a percentage of fault to each party involved. Any damages awarded will be reduced based on the proportion of fault assigned to the plaintiff. For example, if the plaintiff is deemed 30% at fault, a $100,000 award will be reduced to $70,000. 2. Modified Comparative Negligence — 50% Rule: This instruction follows the rule that plaintiffs can only recover damages if their fault is not greater than the combined fault of all other parties. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages. However, if their fault is determined to be 49% or less, damages will be awarded in proportion to the degree of fault assigned. 3. Modified Comparative Negligence — 51% Rule: Similar to the 50% rule, this instruction states that plaintiffs are allowed to recover damages only if their fault is less than or equal to 50% of the total fault. If the plaintiff's fault is determined to be 51% or more, they cannot recover any damages. However, if their fault is found to be 50% or less, the damages awarded will be diminished based on the percentage of fault assigned to the plaintiff. These different instructions play a vital role in determining the outcome of personal injury cases in Chicago, Illinois. They ensure that the jury has a clear understanding of their responsibility in assessing negligence and appropriately dividing fault among the parties involved. Keywords: Chicago Illinois, Jury Instruction, 1.1, Comparative Negligence Defense, types, Pure Comparative Negligence, Modified Comparative Negligence-50% Rule, Modified Comparative Negligence-51% Rule, liability, damages, personal injury cases, apportioning, negligence, legal concept, proportion of fault, recover damages, assess negligence.

Chicago Illinois Jury Instruction — 1.1 Comparative Negligence Defense is a crucial legal concept that applies in personal injury cases in the jurisdiction of Chicago, Illinois. It establishes guidelines for determining liability and apportioning damages when multiple parties are found to have contributed to an accident or injury. This instruction is designed to assist jurors in understanding the principles of comparative negligence and its implications in a legal setting. In Chicago, Illinois, there are three primary types of Comparative Negligence Defense instructions that may be given to the jury, depending on the circumstances of the case: 1. Pure Comparative Negligence: This instruction informs the jury that each party's negligence, regardless of the degree, should be considered when determining liability. The jury is instructed to assign a percentage of fault to each party involved. Any damages awarded will be reduced based on the proportion of fault assigned to the plaintiff. For example, if the plaintiff is deemed 30% at fault, a $100,000 award will be reduced to $70,000. 2. Modified Comparative Negligence — 50% Rule: This instruction follows the rule that plaintiffs can only recover damages if their fault is not greater than the combined fault of all other parties. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages. However, if their fault is determined to be 49% or less, damages will be awarded in proportion to the degree of fault assigned. 3. Modified Comparative Negligence — 51% Rule: Similar to the 50% rule, this instruction states that plaintiffs are allowed to recover damages only if their fault is less than or equal to 50% of the total fault. If the plaintiff's fault is determined to be 51% or more, they cannot recover any damages. However, if their fault is found to be 50% or less, the damages awarded will be diminished based on the percentage of fault assigned to the plaintiff. These different instructions play a vital role in determining the outcome of personal injury cases in Chicago, Illinois. They ensure that the jury has a clear understanding of their responsibility in assessing negligence and appropriately dividing fault among the parties involved. Keywords: Chicago Illinois, Jury Instruction, 1.1, Comparative Negligence Defense, types, Pure Comparative Negligence, Modified Comparative Negligence-50% Rule, Modified Comparative Negligence-51% Rule, liability, damages, personal injury cases, apportioning, negligence, legal concept, proportion of fault, recover damages, assess negligence.

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Chicago Illinois Jury Instruction - 1.1 Comparative Negligence Defense