Personal Injury Statistics in Illinois
Understanding personal injury statistics in Illinois helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$18,000 – $85,000
Average Settlement Range
Varies widely by injury severity and case type
Modified comparative fault (51% bar)
Fault System
Directly affects how damages are calculated
2 years
Statute of Limitations
Time to file from date of injury
At-Fault (Tort)
Auto Insurance System
At-fault driver's insurer liable
Illinois Injury Cases — By the Numbers
115,000 cases/yr
PI Cases Filed Annually
$61,000
Average Settlement
$37,000
Median Settlement
48%
Plaintiff Trial Win Rate
19 mo
Avg. Time to Settle
Motor Vehicle Accident
Top Injury Type
18 mo
Civil Court Backlog
34%
Avg. Contingency Fee
Key Facts About Illinois Injury Law
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.
Illinois Personal 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of trucking accidents on interstate corridors, construction site injuries under the Illinois Structural Work Act (now repealed), and premises liability at commercial properties.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.