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Illinois Personal Injury

Illinois Personal Injury Laws

In This Section:

Illinois law on personal injury can be confusing and it can also change at anytime. Understanding your rights in your Illinois car accident or even medical malpractice case is a must when filing your claim. The information provided below is informational and we always recommend you speak with an experienced Illinois personal injury attorney.

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Illinois Statute of Limitations

(How long do I have when filing an injury claim in Illinois?)
You have 2 years to file your general personal injury claim in Illinois. If you have a medical malpractice claim, you have 2 years from the discover date. For product liability cases you have 2 years to file your claim also. A Illinois personal injury lawyer can help you with discover date rules and filing your claim correctly.

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Illinois is a "Fault State" for Car Accidents

Illinois observes "fault" rules which mean if another party caused your accident you can sue for damages. This applies as long as your case follows the 51 percent comparative fault rule.

Illinois and the 51% Comparative Negligence Rule

This rules takes the "fault" rule a bit further and states that you can only sue for damages if the other party is 51 percent or more at fault. If you are at fault for your car accident for any percentage greater than 49% then you cannot sue at all.

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Are there Medical Malpractice Damage Caps in Illinois?

(How much could I possibly get for my case?)
Damage caps have been overturned in the State of Illinois. Ask an attorney for details on damage caps and how they pertain to your personal medical malpractice case.

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