Illinois Personal Injury Law
Illinois is an at-fault state with a modified comparative negligence rule that bars recovery if you are more than 50% at fault. Most personal injury lawsuits must be filed within two years.
Illinois at a glance
| Personal injury filing deadline | 2 years from the injury (735 ILCS 5/13-202) |
|---|---|
| Wrongful death deadline | 2 years from the date of death, with limited exceptions (740 ILCS 180/2) |
| Fault rule | Modified comparative negligence: you cannot recover if you are more than 50% at fault; otherwise your recovery is reduced by your percentage (735 ILCS 5/2-1116) |
| Car insurance system | At-fault (tort). The driver who caused the crash is responsible for damages |
| Minimum liability insurance | 25/50/20 ($25,000 per person, $50,000 per accident for injuries, $20,000 property damage) |
| Claims against government | Local public entities are covered by the Tort Immunity Act, with short notice and filing deadlines (for example 745 ILCS 10/8-101 and 10/8-102); ask an attorney promptly |
How fault affects your claim in Illinois
Illinois bars recovery if you are found more than 50% at fault. If you are 50% or less at fault, your damages are reduced by your percentage. Because the 50% line decides everything, evidence about who caused the crash matters greatly.
Claims against government in Illinois
Suits against Illinois local governments and their employees are governed by the Tort Immunity Act, which sets shorter deadlines than the usual two years. These deadlines are strict, so contact an Illinois attorney as soon as possible if a public body may be involved.
After a crash in Illinois
- Call the police. Illinois requires a report to police for crashes involving injury, death or property damage over a set amount; confirm current thresholds with the Illinois Secretary of State or IDOT.
- Get medical care and keep records.
- Notify your own insurer promptly.
- Avoid statements about fault, because the 50% bar makes the fault percentage critical.
Frequently asked questions
How long do I have to file a personal injury lawsuit in Illinois?
Generally two years from the date of the injury. Claims against local government can have much shorter deadlines.
What is the 51% rule in Illinois?
If you are found more than 50% at fault, you cannot recover. If you are 50% or less at fault, your damages are reduced by your percentage.
Is Illinois a no-fault state?
No. Illinois is an at-fault state, so the driver who caused the crash is generally responsible through liability insurance.
Latest Illinois articles
Illinois Modified Comparative Negligence: The 50% Rule Explained
Illinois bars recovery if you are more than 50% at fault and reduces it otherwise. See how the rule works and how to protect your injury claim.