ℹ️ Illinois Advantage: Cook County juries historically award higher damages than surrounding areas. Understanding where and how to file matters significantly.
Illinois Personal Injury Claims: Everything You Need to Know
For authoritative Illinois legal information, reference Illinois Courts and 735 ILCS. The Illinois State Bar Association provides additional resources for personal injury claims.
Illinois offers injured victims favorable conditions for personal injury claims, particularly in Cook County where Chicago juries tend toward higher awards. This guide covers the essential Illinois-specific rules that affect your claim value and recovery strategy.
Illinois 51% Bar Rule
Under Illinois comparative negligence law (735 ILCS 5/2-1116), your recovery is reduced by your percentage of fault. However, if you are found 51% or more at fault, you recover nothing. This makes establishing the other party fault critical. Insurance companies aggressively argue plaintiff fault to reach the 51% bar.
Illinois Statute of Limitations
- Personal injury: 2 years from date of injury
- Property damage: 5 years from date of damage
- Wrongful death: 2 years from date of death
- Medical malpractice: 2 years from discovery, 4-year statute of repose
- Government claims: Notice required within 1 year
Cook County vs. Collar Counties
Venue selection significantly impacts case value in Illinois. Cook County (Chicago) juries historically award higher damages than DuPage, Lake, Will, or downstate counties. If your accident occurred in Cook County or you can establish venue there, your case may be worth more than the same accident in a suburban county.
Illinois Damage Categories
- Economic damages: Medical bills, lost wages, future care costs (no cap)
- Non-economic damages: Pain and suffering, disability, loss of enjoyment (no cap except medical malpractice)
- Punitive damages: Available for willful and wanton conduct (no statutory cap)
- Wrongful death: Family members can recover for grief, sorrow, and pecuniary losses
Illinois Insurance Considerations
Illinois requires minimum auto insurance of 25/50/20. Many drivers carry higher limits. Uninsured/underinsured motorist coverage is essential protection given the number of underinsured drivers. Illinois allows stacking of UM coverage in some circumstances.
Protecting Your Illinois Claim
- Report accidents to police for official documentation
- Seek medical attention immediately to establish causation
- Document everything with photos and witness information
- Do not give recorded statements without legal advice
- Consult an Illinois attorney familiar with Cook County courts
ℹ️ Illinois Injury Help: Quick Claim connects you with experienced Cook County attorneys. Free consultation: (773) 839-6086.