Illinois Personal Injury Law

The following summary of Illinois personal injury laws and case types will help you understand important aspects of injury claims in this state.

Illinois Statute of Limitations:

• Personal Injury: For general personal injury, 2 years
• Medical Malpractice: 2 years from discovery of the injury
• Products Liability: 2 years up to a maximum of 8 years from discovery

Caps on Personal Injury Awards in Connecticut:

There are no personal injury damages caps in Illinois.

Illinois Serious Injury Threshold:

There is no serious injury threshold in the state of Illinois.

Illinois is a Fault state and follows the modified comparative - 51% negligence doctrine. This means that a party cannot recover if he is more than 51% at fault in a claim.

Personal Injury Claims & Theories of Liability in Illinois:

Auto Accident Claim: Acceptance of a drivers license implies that the driver will operate in a manner free of negligence, such as driving under the influence, speeding or texting while driving. When a driver fails to exercise reasonable care, he or she will be liable for any injury that occurs as a result.

Slip and Fall Accident: These accidents occur regularly, but to avoid unnecessary lawsuits and excessive claims, the law provides that parties must inspect for dangerous conditions and make the property safe. If a trespasser is injured, there is often no liability. Furthermore conditions that could not have been detected upon reasonable inspection typically do not rise to the level of liability.

Workers' Compensation Law: Employers in Illinois are required to carry workers compensation insurance on behalf of their employees. If an injury occurs in the course of employment, this insurance will cover medical examinations and treatment, vocational rehabilitation and permanent injury settelements.

Product Liability Lawsuit: Products go through years of testing from the point of design to distribution. For this reason, they are assumed safe for use and consumption by consumers. When they are not, everyone in the chain of production can be held strictly liable for any injuries that arise.

Wrongful Death Case: When a party dies as a result of the negligence of another, the negligent party will be held responsible to the decedent's estate including spouse, parents or children. The amount of damages will be based on factors such as age of victim, potential lifetime income and will be adjusted for inflation.

Medical Malpractice Cases: Medical providers and hospitals who perform medical services below the standard of care expected in the community will be responsible for the damages of the injured patient.

For More Information Check out these sites:

Official Illinois State Website

Illinois State Bar Association