Illinois Personal Injury Attorneys

For most personal injury claims in Illinois, the statute of limitations is two years from the date of injury under 735 ILCS 5/13-202. Medical malpractice claims follow the same two-year discovery rule with a four-year statute of repose; minors have until age 22 or eight years from the act, whichever is later. Wrongful death claims carry a two-year deadline from the date of death. The critical exception is government claims: claims against the State of Illinois must be filed within one year through the Court of Claims, and claims against local entities require compliance with the Local Governmental Tort Immunity Act.

Illinois uses a modified comparative negligence system with a 50% bar — stricter than Pennsylvania and Ohio's 51% bar. In Illinois, you can recover only if you are less than 50% at fault. This means if you are found exactly 50% at fault, you recover nothing. At 49% fault, you recover 51% of your damages. This distinction matters enormously in close cases. Insurance companies in Illinois aggressively argue fault percentages knowing that the 50/50 split results in a complete bar to recovery.

No. Illinois has no caps on any category of personal injury damages. The Illinois Supreme Court struck down all damage caps as unconstitutional in LeBron v. Gottlieb Memorial Hospital (2010). This means there are no limits on economic damages, non-economic damages (pain and suffering), or punitive damages. This makes Illinois one of the most plaintiff-favorable states in the nation for damage recovery and is the defining feature of IL personal injury law.

The Illinois Dram Shop Act (235 ILCS 5/6-21) creates strict liability for bars, restaurants, and liquor stores that sell alcohol to someone whose intoxication causes injury. You don't need to prove negligence — only that the establishment sold alcohol that contributed to intoxication leading to your injury. The Dram Shop Act has a separate one-year statute of limitations and inflation-adjusted damage caps (approximately $88,000 for personal injury and $108,000 for loss of support as of 2025). Attorneys typically file concurrent claims: a negligence suit against the intoxicated individual (no caps) plus a Dram Shop claim against the establishment.

While Illinois' no-cap environment creates enormous damage potential, the state's strict 50% fault bar, one-year Dram Shop deadline, and government claims procedures create multiple ways to lose an otherwise strong claim. Illinois personal injury attorneys work on a contingency fee basis — typically 33% to 40% — meaning you pay nothing unless they recover compensation. An experienced attorney can maximize your uncapped damages while protecting against the 50% fault threshold.

Illinois is a traditional at-fault insurance state — no PIP or no-fault coverage. The negligent driver's insurance pays for your damages. Illinois requires minimum liability insurance of $25,000/$50,000/$20,000. Importantly, Illinois mandates uninsured motorist coverage at the same minimum limits and this coverage cannot be waived — a unique consumer protection not found in most neighboring states.