Accidents & Injuries in Illinois

Illinois Code of Civil Procedure Section 13-202 provides a two-year statute of limitations for personal injury claims. Claims against local governments require a one-year notice period under 745 ILCS 10/8-101. Claims against the State of Illinois must be filed in the Court of Claims within two years under 705 ILCS 505/22. Missing these deadlines — especially the one-year local government notice — can permanently bar your claim.

Under 735 ILCS 5/2-1116, Illinois uses modified comparative fault. If you are found 50% or less at fault, you can recover damages reduced by your percentage of fault. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party.

No. Illinois is a traditional tort (at-fault) state. The at-fault driver's liability insurance compensates injured parties. Illinois does not require mandatory personal injury protection (PIP) coverage.

Illinois does not currently impose statutory caps on compensatory damages in personal injury cases. Prior attempts to cap non-economic damages in medical malpractice cases were struck down by the Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital (2010). Government entity claims may be subject to special limitations under the Tort Immunity Act.

If you are injured in an accident involving the Chicago Transit Authority (CTA), you may need to comply with specific notice provisions under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101). This typically requires providing written notice within one year of the accident. CTA accident claims are heard in the Cook County Circuit Court, and the CTA may assert governmental immunities that could limit or bar certain categories of damages. Consulting an attorney promptly after a CTA accident is particularly important given these compressed timelines.

Illinois courts may award punitive damages in cases involving willful and wanton misconduct, which could include drunk driving accidents. Under 735 ILCS 5/2-1115.05, punitive damages in personal injury cases are not subject to a statutory cap in Illinois, though the Illinois Supreme Court has applied constitutional reasonableness review. If the at-fault driver was intoxicated, this may also affect insurance coverage, as some policies contain exclusions for intentional or criminal conduct, potentially complicating recovery from the at-fault driver's insurer.