A Short Guide to Illinois Personal Injury Laws

Has another person’s negligence harmed you? Personal injury cases may arise from falls, dog bites, car accidents, defective products, and more. Under Illinois personal injury laws, you may be compensated for your injuries. To get information that specifically relates to your situation, speak with an attorney as soon as possible.

What Personal Injury Means

In some ways, it means exactly what you think it might mean:

An injury not to property, but to the body, mind, or emotions.”

Car accidents cause many personal injuries every year, but there are other types:

  • Slip-and-fall,
  • Dog bites,
  • Medical malpractice,
  • Defamation, and
  • Defective products.

Generally, you may have a claim against a person or company who caused your injury.

When You Should File Your Illinois Personal Injury Case

There are limits to when you can file your claim. In fact, Illinois personal injury laws include provisions called statutes of limitations.

In most cases, you have two years to file your claim. Usually, the clock starts ticking on the date of the accident. However, sometimes the statute of limitations begins to run from the moment you discover you were injured, not the date of the actual injury.

Some exceptions apply:

  • For claims against city or county – file your lawsuit within one year
  • For claims against the state – file a formal claim within one year and the actual lawsuit within two years of the injury.

Make sure you don’t miss any critical deadlines by speaking with an attorney as soon as your injuries occur.

Who Pays for Your Damages

Sometimes it comes down to who is considered liable – or at fault – for your injury. Illinois courts use a modified comparative fault rule. Instead of one party being 100% responsible for an accident, the courts or a jury may split the blame between the parties. Their percentage of fault will reduce the compensation awarded to the winning party.

For example, Jack and Diane are the drivers in a serious, two-car accident. Diane’s personal injury lawsuit against Jack goes to trial. The jury finds Diane 10% at fault, with Jack being 90% at fault. Diane will receive compensation, but it will be reduced by 10%.

Dog bite cases may be an exception to the modified comparative fault rule. Under Illinois statutes, the owner usually is responsible for the full amount of damages when their dog bites someone without being provoked.

Illinois Personal Injury Laws Affect Your Potential Claim

Personal injury cases vary from case to case. The type of case you have and the facts surrounding your injury make a difference in how your case is handled. That’s why you need an attorney with extensive personal injury experience.

Talk with Osvaldo Rodriguez, an Illinois personal injury lawyer for an honest assessment of your case. Your case will receive the personal attention it deserves. Schedule a free consultation by calling us today at 708-716-3441 or by completing the form on our Contact Us page.

Osvaldo Rodriguez speaks Spanish and English. We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake and Cook, DuPage, Will, and Kane Counties.

Related Posts
Call Now ButtonDoes Illinois Have Damage Caps on Personal Injury CasesHave Nursing Homes Been Protecting Patients from COVID-19