Personal Injury Deposition in Illinois
A deposition is sworn out-of-court testimony taken during the discovery phase of yourIllinois personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$18,000 – $85,000
Avg Settlement
2 years
Filing Deadline
Deposition Tips for Illinois Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Illinois Law Overview
Illinois uses modified comparative fault with a 51% bar, so plaintiffs bearing majority fault cannot recover. The 2-year statute of limitations applies to most personal injury claims, with special tolling for minors. Illinois courts — particularly in Cook County — are known for significant personal injury verdicts, partly because the state has no cap on noneconomic damages following the Illinois Supreme Court's constitutional ruling striking down prior caps. Illinois does not require no-fault PIP coverage; all auto injury claims follow the at-fault tort system. Chicago-area litigation includes a high volume of trucking accidents on interstate corridors, construction site injuries under the Illinois Structural Work Act (now repealed), and premises liability at commercial properties. Product liability follows strict liability principles. Illinois requires a section 2-622 expert certificate for medical malpractice claims at filing. Punitive damages are available in cases of fraud, actual malice, or deliberate violence.