Future Damages in Illinois
In Illinois, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Illinois
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Illinois allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Illinois Injury Law
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of trucking accidents on interstate corridors, construction site injuries under the Illinois Structural Work Act (now repealed), and premises liability at commercial properties.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.