Time limits on filing a personal injury lawsuit in Illinois
- The time limit to file a personal injury lawsuit in Illinois is 2 years.
- The 2-year time limit begins from the date of the accident.
- If you want to file a personal injury claims against the city or county, the time limit is 1 year.
- Comparative fault rules seek to sort out damages when more than one party is responsible, or “at fault,” for an injury.
- In this case, Illinois courts apply the state’s “modified comparative fault” rule to calculate the damages you can receive.
Auto insurance law
- Illinois, like many states, uses a “fault” system to handle car accidents.
- The options in “fault” system:
- The victim go to the court to prove fault seek compensation from the insurer.
- The victim can seek compensation directly from another driver’s insurer directly.
- In Illinois, a specific statute (510 Ill. Comp. Stat., § 5/16) makes the owner “strictly liable”, meaning regardless of the animal’s past behavior, the dog owner is responsible for a personal injury caused by his/her dog.
- In 2010, Illinois’s damage cap on non-economic damages in medical malpractice cases was struck down for violating the state’s constitution.
- Currently, Illinois does not cap damages in any kind of personal injury case.