By Christie Nicholson, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed May 22, 2024
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Most car accidents are minor. If you're lucky, the biggest bruise is to your ego (and maybe your wallet!). However, there’s a chance you’ll suffer serious bodily injury in your car crash. If this is the case, you’ll need to file a claim with the at-fault driver’s insurance company. If the insurance adjuster doesn’t approve your claim, you’ll have no choice but to file a personal injury lawsuit.
Either way, it’s critical that you understand Illinois' car accident compensation laws. If you don’t file your claim on time or submit evidence to support it, you could walk away with nothing.
This article will discuss the relevant Illinois car accident laws and how they can impact your case. It will also explain how Illinois law affects the amount of money you can recover in your personal injury claim.
If you still have questions about your injury claim, contact an experienced Illinois car accident lawyer.
Check out the table below for more information on Illinois Car Accident Compensation Laws.
Statute of Limitations |
Two years for personal injury lawsuits (735 Ill. Comp. Stat. 5/13-202) Five years for property damage lawsuits (735 Ill. Comp. Stat. 5/13-205) |
|---|---|
Limits on Damages |
There is no cap on damages. In 2010, the Illinois courts held that the cap was unconstitutional. (LeBron v. Gottlieb Memorial Hospital) |
Other Limits |
Modified comparative fault can prevent or limit recovery, depending on the driver's percentage of fault for the accident. (735 Ill. Comp. Stat. 5/2-1116) There is a cap of $100,000 on claims you file against the State of Illinois (735 Ill. Comp. Stat. 505/8) |
Most states, including Illinois, employ at-fault rules for car accident claims. To recover damages, you must prove that the other driver caused the crash and that they were negligent.
To prove negligence, your car accident attorney must show the following:
Illinois is a modified comparative negligence jurisdiction, also known as a modified comparative fault jurisdiction. To recover compensation for car accident injuries or property damage, you cannot be more at fault than the other driver.
According to Illinois law, if a plaintiff is more than 50% at fault, they will not recover damages. The court will reduce your damages by your percentage of fault. For example, if the jury believes you were 25% at fault, you will recover 75% of your total damages.
There are two main types of damages: economic and non-economic. Economic damages are those losses you can quantify in dollars and cents. For example, you can prove your medical bills using doctor’s bills, medical records, and explanation of benefit forms.
Non-economic damages are losses you cannot prove in black and white. They include pain and suffering and emotional distress.
The damages that often result from car accidents include:
When you file your personal injury lawsuit, you must include a demand for damages. Your personal injury lawyer must also submit evidence to prove your damages. In most cases, the at-fault driver's liability insurance will cover your costs.
Illinois does not cap damages, regardless of the type. However, the state limits the time you have to file a lawsuit through the statute of limitations, a law that outlines how long a plaintiff has to file their legal claim.
In Illinois, an injured party has two years from the date of the accident to file a lawsuit and five years to file a claim for property damage. Filing one legal claim for personal injury and property damage makes sense. If you don’t file your claim in time, the court will dismiss your case, and you’ll walk away with nothing.
A pending auto insurance claim doesn't buy you time to file a lawsuit, so it is essential to consult with an attorney early to evaluate the strength of your claim.
If you aren’t familiar with Illinois car accident compensation laws, it’s a good idea to consult a skilled attorney. You may jeopardize your legal claim if you don’t take the proper steps after your crash.
Visit Findlaw.com’s attorney directory to find an injury lawyer for legal advice on your car accident case.
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