Personal Injury Mediation in Illinois
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Illinois, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$18,000 – $85,000
Avg Settlement
How Mediation Works in Illinois
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Illinois. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Illinois Injury 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of trucking accidents on interstate corridors, construction site injuries under the Illinois Structural Work Act (now repealed), and premises liability at commercial properties.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.