⚠️ Illinois Law Alert: Illinois uses modified comparative negligence with a 51% bar. Cook County juries historically award higher damages. The 2-year statute of limitations runs from injury date.
Illinois Personal Injury Law: Complete Victim Guide
Illinois personal injury resources include Illinois Courts and the Illinois State Bar Association. Illinois follows modified comparative negligence under 735 ILCS 5/2-1116.
Illinois personal injury law offers significant recovery potential, especially in Cook County where juries tend toward higher awards. Understanding Illinois-specific rules—from comparative negligence to damage calculations—is essential for maximizing your claim value.
Illinois Statute of Limitations
735 ILCS 5/13-202 establishes a 2-year statute of limitations for most personal injury claims. Important exceptions include:
- Personal injury: 2 years from injury date
- Medical malpractice: 2 years from discovery, but no more than 4 years from act
- Wrongful death: 2 years from date of death (separate from survival action)
- Minors: Deadline tolled until child reaches 18
- Government claims: Notice required within 1 year for local government
Illinois Modified Comparative Negligence
Illinois follows a 51% bar rule under 735 ILCS 5/2-1116. This means:
- If you are 50% or less at fault: Recover damages reduced by your fault percentage
- If you are 51% or more at fault: Completely barred from recovery
- Jury determines fault percentages for all parties
- Non-party fault can be considered, potentially reducing defendant liability
Damages in Illinois Cases
- Economic damages: Medical expenses, lost income, future care costs (no cap)
- Non-economic damages: Pain and suffering, disability, disfigurement (no cap in most cases)
- Punitive damages: Available for willful/wanton conduct, no statutory cap
- Wrongful death: Compensation to family for losses, including grief and sorrow
Cook County vs. Collar Counties
Venue selection significantly impacts Illinois injury claims:
- Cook County: Historically plaintiff-friendly juries, higher average verdicts
- Collar counties (DuPage, Lake, Will): More conservative jury pools
- Downstate: Generally lower damage awards than Chicago area
- Venue rules: Case filed where accident occurred or defendant resides
Protecting Your Illinois Claim
- Call police and obtain accident report
- Photograph scene, vehicles, and injuries
- Seek immediate medical evaluation
- Follow all medical recommendations consistently
- Do not give recorded statements to opposing insurance
- Consult experienced Illinois attorney promptly
ℹ️ Illinois Injury Help: Quick Claim connects you with experienced Illinois attorneys who know Cook County courts. Free consultation: (773) 839-6086.