Illinois Personal Injury Laws
Illinois follows a modified comparative fault system with a 50% bar — you can recover damages only if your fault does not exceed 50% of the proximate cause of injury. The general statute of limitations for personal injury is 2 years. Illinois is a fault-based auto insurance state. Defendants with 25% or greater fault are jointly and severally liable for all damages.
Last verified: 2026-02-25
Statute of Limitations
Personal injury claims must be filed within 2 years of the date of injury.
Exceptions
The statute begins running when the plaintiff knew or should have known of the injury and its wrongful cause.
The statute of limitations is tolled during minority. A minor has until 2 years after turning 18 to file.
Wrongful death actions must be filed within 2 years of the date of death, not the date of injury. Extended to 5 years for violent intentional conduct.
Claims against local government entities under the Tort Immunity Act must be filed within 1 year of the injury.
Fault & Liability Rules
You can recover damages as long as your fault does not exceed 50% of the proximate cause of injury. Your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing. Changed from contributory negligence in 1981.
Damage Caps
Illinois does not impose a statutory cap on compensatory damages in personal injury cases.
Punitive damages are capped at 3 times the economic damages awarded. No punitive damages are available in medical malpractice or against public entities.
Auto Insurance System
Illinois is a fault-based auto insurance state. The at-fault driver is responsible for damages. Minimum liability coverage is 25/50/20 ($25,000 per person, $50,000 per accident for bodily injury, $20,000 for property damage). Uninsured motorist coverage ($25,000/$50,000) is required.
Filing Requirements
Civil filing fees in Illinois vary by county. Cook County fees are typically higher (~$337). Fee waivers are available for qualifying low-income filers.
Key Illinois Statutes
Defendants with 25% or greater fault are jointly and severally liable for all damages. All defendants are jointly and severally liable for medical expenses regardless of fault percentage.
A wrongful death action may be brought by the personal representative on behalf of surviving spouse, children, parents, and other next of kin.
A liquor licensee is liable for injuries caused by an intoxicated person they served. Illinois has specific dollar caps on dram shop liability that are adjusted annually by CPI — approximately $88,000 per person for injuries and $108,000 for loss of support/society as of 2025.
Dog owners are strictly liable for bite injuries without prior knowledge of viciousness. Requirements: the attack was unprovoked and the victim was lawfully present. Defenses include provocation and trespassing.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Illinois General Assembly — Statutes. For advice about your specific situation, consult a licensed attorney.
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