Illinois Personal Injury Law Overview

The basic principles of personal injury law are very similar from state. This type of law encompasses a wide variety of cases where a party was either injured or killed due to someone else's negligence. Some of the most common types of personal injury cases in Illinois are medical malpractice, premises liability, defective products and vehicle accidents. If someone is killed due to someone else's negligence or wrongdoing, then a wrongful death suit may be brought against the defendant.

Statute of limitations

All fifty states have time limits or statutes of limitations regarding the amount of time you have to file a personal injury case following your accident and injury. In Illinois, for most personal injury cases, the time limit is two years.

Negligence

In personal injury cases, in order to prove fault you must be able to prove negligence. Illinois follows the doctrine of "modified comparative negligence," which means if you were partly responsible for you injuries, you can still collect damages from other responsible parties. But you must be 49% or less responsible for your injuries in order to receive damages.

In Illinois, you may be entitled to compensation including:

• Past and future medical expenses
• Lost wages
• Permanent disability
• Permanent disfigurement
• Emotional distress
• Pain and suffering
• Loss of consortium
• Property damage
• Other expenses that were a direct result of your injury

Punitive damages are damages intended to "punish" the plaintiff. In some states there are caps, or limits, on punitive damages awards, but not in Illinois. However, non-economic damages in medical malpractice cases are capped at $1,000,000 per hospital and $500,000 per physician.

Liability issues

Illinois law also follows the doctrine of joint and several liability, which means that multiple parties are responsible for their own share, but if one party cannot pay his share, then the other parties are responsible for the entire amount of damages.

If you live in Illinois and think you may have a valid personal injury claim, please contact an experienced Illinois attorney in your area to schedule a confidential consultation.