Understanding State Laws for Personal Injury Cases in Illinois
Illinois State Laws
If you have been injured in an accident in the state of Illinois, it’s important to understand the state laws that may affect your case. As a personal injury attorney in Chicago, it is my duty to educate our clients about these laws to ensure they receive the compensation they deserve.
Statute of Limitations
One of the most important laws to understand is the statute of limitations. This is the time limit in which you can file a personal injury lawsuit. In Illinois, you have two years from the date of the injury to file a lawsuit. It’s crucial to file your lawsuit within this time frame, as failure to do so may result in your case being dismissed.
Illinois follows the doctrine of comparative negligence. This means that if you are partially at fault for the accident that caused your injuries, your damages may be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%.
Modified Comparative Negligence
Illinois follows a modified comparative negligence rule with a 51% bar. This means that if you are found to be more than 51% at fault for the accident, you may not be able to recover any damages. It’s important to consult with a personal injury attorney to determine your level of fault and how it may affect your case.
Caps on Damages
Illinois has a cap on damages in medical malpractice cases. Non-economic damages, such as pain and suffering, are capped at $500,000 against a healthcare provider and $1,000,000 against a hospital. There is no cap on economic damages, such as medical expenses and lost wages. However, it’s important to note that these caps only apply to medical malpractice cases and not to other types of personal injury cases.
Wrongful Death Statute
If your loved one has died as a result of someone else’s negligence, you may be able to file a wrongful death lawsuit. In Illinois, the statute of limitations for wrongful death lawsuits is two years from the date of death. Damages in a wrongful death lawsuit may include medical expenses, funeral and burial expenses, lost wages, and loss of companionship.
If you have been injured in an accident in Illinois, it’s important to consult with a personal injury attorney who is knowledgeable about the state laws that may affect your case. A qualified attorney can help you navigate the legal system and ensure that your rights are protected.
Contact Coffman Law Offices, P.C.
Coffman Law is committed to providing superb legal representation for people who are suffering from severe personal injuries or are dealing with the loss of a loved one due to negligence or misconduct. Coffman Law is a results-driven firm focused on ensuring that clients receive the compassion, attention, and consideration that they need to seek adequate redress for injuries or loss. The firm is led by Owner and Founding Partner Brian Coffman, who has dedicated his career to helping accident victims navigate the legal system and obtain redress for their injuries. If you have been injured or lost a loved one, contact Coffman Law today for a free consultation.