Most people only need to understand Illinois injury law once, usually at the worst possible moment. This page collects every guide on this site that explains the rules themselves — the deadlines, the fault rules, and the doctrines that decide who pays.
Four rules do most of the work. The deadline: two years for most personal injury claims under 735 ILCS 5/13-202, but one year if you are suing a city, a park district, a public school, or the CTA under 745 ILCS 10/8-101, and a two-year discovery rule with a four-year outer limit for medical malpractice under 735 ILCS 5/13-212. Getting this wrong is the single most common way a valid claim dies.
Fault is shared, not all-or-nothing. Illinois uses modified comparative fault under 735 ILCS 5/2-1116. Your damages are reduced by your percentage of responsibility, and you recover nothing only if you are found more than 50 percent at fault. Being partly to blame does not end a claim; it discounts it.
There is no cap on compensatory damages. Illinois struck down statutory caps in Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010), and none has replaced them. Since Public Act 103-0514 took effect on 11 August 2023, punitive damages are also available in wrongful death and survival actions, with an exception for healing-art malpractice.
Multiple defendants are treated differently depending on their share. Under 735 ILCS 5/2-1117, a defendant found less than 25 percent at fault is severally liable for non-medical damages only, while one at 25 percent or more is jointly and severally liable for everything. Medical expenses remain joint and several regardless. The guides below take each of these in turn.
All Guides in This Section
Illinois Injury Laws
- Using Dashcam Footage in a Chicago Car Accident Claim
- Illinois Wrongful Death Act vs. Survival Act: Two Separate Claims After a Fatal Accident
- Caps on Damages in Illinois Personal Injury Cases: What You Need to Know
- How Illinois Courts Calculate Pain and Suffering Damages
- Parental Liability for a Minor’s Accidents in Illinois
- Negligence Per Se in Illinois: When Breaking a Law Proves Negligence Automatically
- Illinois Dram Shop Act: When Bars and Restaurants Are Liable for DUI Accidents
- Illinois Discovery Rule: When the Clock Starts on Your Injury Claim
- Illinois Good Samaritan Law: Protection and Liability When Helping at an Accident Scene
- Joint and Several Liability in Illinois: Who Pays When Multiple Parties Are at Fault
- The Open and Obvious Doctrine in Illinois Injury Cases
- Illinois Modified Comparative Fault: How the New Law Affects Your Injury Claim
- Attractive Nuisance in Illinois: When Owners Are Liable for Children’s Injuries
- What Happens at a Deposition in an Illinois Injury Case
- Illinois Eggshell Plaintiff Rule: Pre-Existing Injuries and Recovery
- Prejudgment Interest in Illinois Personal Injury Cases
- Injury Claims for Minors in Illinois: Deadlines and Court Approval
- Suing the City of Chicago, the CTA, or the Park District: Deadlines and Rules
Related Sections
- Injury Settlements and Compensation in Illinois — what a claim is worth, liens, and how payment actually works
- Illinois Personal Injury Laws and Deadlines — the statutes and deadlines that decide every claim
Talk to a Chicago Injury Lawyer for Free
Phillips Law Offices handles illinois personal injury laws and deadlines across Chicago and Illinois. The consultation is free and there is no fee unless we win. Call (312) 346-4262 or contact us online. Our office is at 161 N Clark St Suite 4925, Chicago, IL 60601.
Attorney Advertising. This article provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of your case — speak to a licensed Illinois attorney about your situation. Contingency fees cover legal fees only. Clients may remain responsible for case costs and expenses such as filing fees, expert witnesses, and medical records; ask any firm to put its cost policy in writing.
You can also read about the attorneys who handle these cases.