Illinois Personal Injury Laws: What You Need to Know

Illinois Personal Injury Law Overview

Illinois has a comprehensive personal injury legal framework. This article provides an educational overview of key Illinois laws affecting accident victims. It is not legal advice — consult a licensed Illinois attorney for guidance specific to your situation.

Illinois Statute of Limitations: 2 Years

Illinois imposes a 2-year statute of limitations on most personal injury claims (735 ILCS 5/13-202). The clock generally begins running from the date of the injury. Exceptions may apply for:

• Minors: Clock is tolled until the minor turns 18
• Legal disability: Clock tolled for the duration of legal incapacity
• Fraudulent concealment: The clock may be tolled when the defendant actively concealed the cause of the injury
• Claims against government entities: Subject to a 1-year limitation and specific notice requirements

Illinois Modified Comparative Fault (51% Bar)

Illinois follows a modified comparative fault system with a 51% bar (735 ILCS 5/2-1116). Under this rule:

• You can recover compensation if you are 50% or less at fault
• Your recovery is reduced proportionally by your fault percentage
• If you are 51% or more at fault, you cannot recover

Illinois Minimum Auto Insurance Requirements

• $25,000 per person / $50,000 per accident bodily injury liability
• $20,000 property damage liability
• Uninsured Motorist coverage equal to the BI limits (unless waived in writing)

Joint and Several Liability in Illinois

Illinois has a modified joint and several liability rule. Defendants who are more than 25% at fault are jointly and severally liable for all economic damages — meaning you can collect all economic damages from any defendant who is more than 25% responsible. Non-economic damages are allocated proportionally to each defendant's share of fault.

Illinois Wrongful Death Act

Illinois allows surviving family members to bring wrongful death claims within 2 years of the date of death. The Illinois Wrongful Death Act allows recovery for grief, sorrow, mental suffering, and loss of financial support suffered by surviving family members.

Illinois Punitive Damages

Punitive damages are available in Illinois in cases involving fraud, actual malice, or wanton and willful conduct — but are not available in cases of mere negligence. Medical malpractice cases have additional restrictions on punitive damages.

If you were injured in an Illinois accident, visit our Illinois accident resources page or check your eligibility here.

Frequently Asked Questions

Does Illinois have caps on damages?

Illinois previously had caps on non-economic damages that were struck down as unconstitutional. There are currently no statutory caps on compensatory damages in personal injury cases in Illinois, though punitive damages caps may apply in certain cases.

What special rules apply to dog bite cases in Illinois?

Illinois has a strict liability dog bite statute (510 ILCS 5/16) that holds dog owners liable regardless of prior knowledge of viciousness, as long as the victim was in a place they were lawfully allowed to be and did not provoke the dog.