Personal Injury Law in Illinois: An Overview

 Posted on May 05, 2014 in Personal Injury

An individual who is injured as the result of another person's negligence has important legal rights according to Illinois law. Whether the injury occurred as the result of a motor vehicle accident, or some other type of accident, the injured person may be able to recover significant damages for injuries they sustained due to the incident.

While it is best to consult with an experienced personal injury attorney directly regarding the facts of a specific case, the following represents a general overview of personal injury law in the state of Illinois.

Statute of Limitations

The term statute of limitations refers to the time limit a person has to file a lawsuit related to a specific cause of action. In Illinois, the statute of limitations on a personal injury case is two years. The time begins to run on the date of the accident. However, in some cases, the time may begin to run on the date the plaintiff discovered they were injured as opposed to the date of the accident.

Comparative Fault

If more than one party's negligence contributed to a given accident, Illinois law looks to the doctrine of comparative fault to determine damages. Likewise, if the plaintiff to an action is partially at fault for his or her own injury, the court will take that into account when determining damages in the case. For example, if it is determined that the plaintiff is 20 percent at fault for his or her injury, the court will reduce the damages awarded by 20 percent. It is also important to note that if a plaintiff is found to be 50 percent or more at fault for the injury, they will not recover any damages from any other party who may have also been at fault.

Limits on Damages

According to some state's law, there is a limit to the amount of damages a plaintiff may recover in a personal injury case. However, in 2010, Illinois law on damage caps in certain types of cases was struck down. Now, the state of Illinois does not have an applicable limit on damages that may be awarded in any type of personal injury case.

Personal Injury Attorney

Although this article provides general information and a very basic framework for personal injury law in the state of Illinois, it is important to realize that specific facts can make personal injury cases very complex, and the law may not apply in the same way to every situation. If you or someone you know has been injured in an accident as the result of someone else's negligence, it is important to consult with an experienced personal injury attorney who can advise you of your legal rights and take steps to properly protect your interests immediately. Contact the lawyers at Mevorah & Giglio Law Offices today to schedule a consultation to discuss your case. We have experience representing clients in Cook, DuPage, Kane, Lake, McHenry, Kendall, and Will Counties.