Illinois Personal Injury Laws
Illinois uses a modified comparative fault system with a 51% bar, barring recovery when the plaintiff is more than 50% at fault. The Illinois Supreme Court struck down statutory caps on non-economic damages as unconstitutional, leaving Illinois without damage caps in personal injury cases. Cook County (Chicago) is one of the most plaintiff-friendly jurisdictions in the country, often yielding substantial jury verdicts.
Statute of Limitations
2 years
Fault Rule
Modified Comparative Fault (51% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (51% Bar)
You can recover damages only if you are less than 51% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in Illinois
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Illinois.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $24,000 |
| Slip and Fall | $20,000 |
| Dog Bite | $38,000 |
Key Illinois Personal Injury Statutes
- •735 Ill. Comp. Stat. 5/13-202 (statute of limitations)
- •735 Ill. Comp. Stat. 5/2-1116 (modified comparative fault, 51% bar)
- •510 Ill. Comp. Stat. 5/16 (dog bite strict liability)
Damage Caps in Illinois
Illinois does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
Illinois does not have a specific medical malpractice damages cap.
Injury Claims in Illinois
Learn more about specific injury types and how Illinois law applies to each.
Major Cities in Illinois
Personal injury attorneys in Illinois serve clients in Chicago, Aurora, Joliet, Naperville, Rockford, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.