IL·State Guide
Personal Injury Law in Illinois
Key rules for personal injury claims in Illinois — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — Illinois
- 01Modified comparative fault — barred at 50%+ fault (2024 change)
- 02No caps on compensatory damages
- 031-year notice for local government claims
Rules at a Glance
- Statute of Limitations
- 2 years from the date of injury
- Fault System
- Modified comparative fault (50% bar) — Illinois bars recovery if the injured person is 50% or more at fault (changed from 51% bar in 2024).
- Damage Caps
- No caps on compensatory damages. Punitive damages are generally not capped.
- Government Notice Deadline
- Written notice within 1 year for claims against local government.
- Auto Insurance System
- At-fault state (abolished no-fault in 1990).
- Minimum Liability Coverage
- 25/50/20.
- Workers' Comp Deadline
- Report as soon as practicable. File claim within 3 years or 2 years from last payment.
Fault System in Illinois
Illinois bars recovery if the injured person is 50% or more at fault (changed from 51% bar in 2024).
Auto Insurance in Illinois
At-fault state (abolished no-fault in 1990).
Minimum required liability coverage: 25/50/20..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.