Illinois Personal Injury Laws

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Personal Injury

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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

  • 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.

Dog bite/attack

  • 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.

Damage caps

  • 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.

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