Illinois has a distinctive personal injury framework that differs in important ways from neighboring states and from the national norm. Here are the foundations you should know.
Statute of Limitations
Under 735 ILCS 5/13-202, you generally have two years from the date of injury to file a personal injury lawsuit in Illinois. Wrongful death claims are governed by 740 ILCS 180/2, also two years from the date of death. The Survival Act under 755 ILCS 5/27-6 covers damages the decedent could have recovered if they had survived.
Modified Comparative Fault (50% Bar)
Illinois is a modified comparative fault state under 735 ILCS 5/2-1116. You can recover compensation only if you are 50% or less at fault. If you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. If you are 30% at fault and your damages total $100,000, you’d recover $70,000. If you are 50% at fault, you’d recover $50,000. If you are 51% at fault, you’d recover nothing.
Premises Liability Act
Illinois premises liability cases are governed by the Premises Liability Act, 740 ILCS 130/. Illinois generally treats invitees and licensees the same for purposes of duty of care and uses a more limited duty rule for trespassers (with exceptions including the attractive nuisance doctrine).
Strict Liability for Dog Bites
Illinois follows a strict liability rule for dog bites under the Illinois Animal Control Act, 510 ILCS 5/16. The owner is generally liable when their dog attacks or injures a person who is peaceably conducting themselves in a place where they have a legal right to be. There is no “one bite” rule in Illinois.
Dram Shop Act
Illinois has a robust Dram Shop Act under 235 ILCS 5/6-21. The Act allows any person injured by an intoxicated person to sue any establishment licensed to sell alcohol that caused the intoxication. Damages are capped at amounts that increase with inflation each year.
At-Fault Auto Insurance
Illinois is an at-fault state. Minimum requirements are 25/50/20, and the same minimums apply to uninsured and underinsured motorist coverage.
Tort Immunity Act (One-Year Deadline for Local Public Entities)
Claims against any local public entity are governed by 745 ILCS 10/. The critical deadline is 745 ILCS 10/8-101, which sets a one-year statute of limitations for personal injury and wrongful death actions against a local public entity or its employees — not the standard two years.
Court of Claims (State of Illinois Defendants)
Claims against the State of Illinois itself are filed in the Illinois Court of Claims under 705 ILCS 505/, not in Circuit Court.
Medical Malpractice
Medical malpractice claims have a special statute of limitations under 735 ILCS 5/13-212: two years from discovery, with an outer four-year statute of repose. Before filing, the plaintiff must file an attorney’s affidavit and a written health-professional report under 735 ILCS 5/2-622. Illinois does not currently cap non-economic damages in medical malpractice cases (Lebron v. Gottlieb Memorial Hospital, 2010).
“Loss of a Normal Life”
Illinois recognizes “loss of a normal life” as a separate non-economic damage element under Illinois Pattern Jury Instruction (Civil) No. 30.04.02.
Contact DJC Law for a free consultation if you have questions about how these rules apply to your case.