Personal Injury Lawsuit in Illinois
Filing a personal injury lawsuit in Illinois is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$18,000 – $85,000
Avg Settlement
Lawsuit Steps in Illinois
Hire an Attorney
Most personal injury attorneys in Illinois work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Illinois court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Illinois court rules.
Key Illinois Law Facts
Illinois applies modified comparative negligence under 735 ILCS 5/2-1116 with a 51% bar — plaintiffs who are 51% or more at fault are barred from recovery, while those with lesser fault have their award reduced proportionally.
Personal injury claims must be filed within 2 years from the date of injury under 735 ILCS 5/13-202; minors have until age 20 to file, as the statute of limitations is tolled during minority until the claimant turns 18.
The Illinois Supreme Court struck down legislatively imposed caps on noneconomic damages as unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010), leaving Illinois with no statutory ceiling on pain and suffering awards.