Modified Comparative Negligence (51% Bar)
Illinois follows modified comparative negligence with a 51% bar (735 ILCS 5/2-1116). Plaintiff is barred from recovery only if fault is greater than 50%. If 50% or less at fault, damages are reduced proportionally.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Illinois follows modified comparative negligence with a 51% bar (735 ILCS 5/2-1116). Plaintiff is barred from recovery only if fault is greater than 50%. If 50% or less at fault, damages are reduced proportionally.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Illinois does not impose general caps on compensatory damages
$0
Based on reported cases in Illinois
7,859
Personal injury lawsuits per year
Illinois has contributed significantly to American tort law. The landmark case of Kolarik v. Cory International Corp. (2000) established important precedents regarding premises liability and the duty landowners owe to invitees, helping define when property owners can be held responsible for injuries.
The state has seen massive verdicts in trucking cases along the I-55 and I-80 corridors. A 2019 case resulted in a $363 million verdict against a trucking company for a crash that killed a woman and severely injured her husband, later reduced but still among the largest in state history.
Illinois's Dram Shop Act has produced significant litigation holding bars and restaurants liable for serving intoxicated patrons who later cause injuries. This statute has resulted in numerous settlements and verdicts against establishments that over-serve alcohol.
Medical malpractice cases in Illinois, particularly in Cook County (Chicago), have produced substantial verdicts. Birth injury cases have exceeded $50 million in some instances. The state's caps on non-economic damages were struck down as unconstitutional in 2010, meaning there are currently no limits on pain and suffering awards.
Illinois personal injury cases are filed in Circuit Courts, the state's trial-level courts. Illinois has 24 judicial circuits, with Cook County (Chicago) being by far the largest and busiest. Cases may also be filed in federal court for diversity jurisdiction or federal claims.
Illinois follows the Supreme Court Rules for civil procedure, including discovery provisions under Rules 201-224. Standard discovery includes written interrogatories, depositions, and document production. Case management conferences set schedules and encourage settlement discussions.
The state uses a tiered case management system in many circuits, categorizing cases by complexity and expected time to resolution. Cook County has special programs including expedited procedures for smaller cases and complex litigation tracks for mass torts.
Illinois requires affidavits of merit in medical malpractice cases, attesting that a qualified healthcare professional has reviewed the case. This must be filed with the complaint or within 90 days. Mediation is encouraged but not mandatory in most circuits. Trial timing varies significantly—Cook County cases often take 3-5 years, while downstate courts may be faster.
Illinois attorneys are licensed by the Attorney Registration and Disciplinary Commission (ARDC) under the Illinois Supreme Court. For personal injury cases, look for attorneys experienced with Illinois's 50% modified comparative negligence rule, which bars recovery if you're 50% or more at fault.
The Illinois Trial Lawyers Association (ITLA) is the state's leading plaintiff attorney organization. ITLA members typically have strong trial experience and stay current on Illinois personal injury law developments. Many successful Illinois personal injury attorneys are active ITLA members.
Chicago attorneys may have different experience than downstate practitioners. If your case will be in Cook County, consider attorneys familiar with its specific procedures and jury tendencies. Cook County historically has been considered plaintiff-friendly, though this varies by courtroom.
Illinois's diverse population, particularly in Chicago, means attorneys are available in many languages including Spanish, Polish, Chinese, and Arabic. Contingency fees typically range from 33-40%, and the ARDC regulates fee agreements to protect clients.
Illinois's statute of limitations for personal injury cases is 2 years from the date of injury under 735 ILCS 5/13-202. This applies to most negligence claims including automobile accidents, premises liability, and assault/battery. The deadline is strictly enforced.
Medical malpractice claims have a 2-year statute of limitations with a 4-year statute of repose. The discovery rule applies, meaning the clock may not start until you knew or should have known of the injury. However, the 4-year outer limit generally applies regardless of discovery, with limited exceptions.
Claims against Illinois governmental entities under the Local Governmental and Governmental Employees Tort Immunity Act require timely notice. Generally, claims must be filed within 1 year. The state and its agencies have different requirements under the Court of Claims Act. Minors have until 2 years after turning 18 to file most personal injury claims.
This calculator provides estimates only and is not legal advice. Laws in Illinois are complex and individual case results vary. Consult a licensed Illinois attorney for advice specific to your case.