Personal Injury FAQ for Illinois
Answers to common questions about personal injury laws, costs, and procedures in Illinois.
What is the statute of limitations for personal injury in Illinois?
In Illinois, the statute of limitations for personal injury cases is 2 years. This deadline is established under 735 ILCS 5/13-202. Illinois follows modified comparative negligence with a 51% bar. The state has no caps on compensatory damages in personal injury cases.
What courts handle personal injury cases in Illinois?
Illinois's court system for personal injury cases follows this hierarchy: Circuit Courts (general jurisdiction) → Appellate Court (five districts) → Supreme Court of Illinois. The appropriate court depends on the monetary amount in controversy and the specific nature of your personal injury matter.
Does Illinois require mandatory arbitration for personal injury?
Yes, Illinois requires mandatory arbitration for certain personal injury cases. This means some disputes must go through arbitration before proceeding to trial, which can affect timelines and costs.
What are the filing fees for personal injury in Illinois?
Civil filing fees in Illinois typically range from $250-$400. The exact fee depends on the type of personal injury case, the court where you file, and whether additional motions are required. Contact the local clerk of court for the most current fee schedule.
What is Illinois's comparative fault system?
Illinois uses a modified comparative fault (51% bar) system. Under this system, you can recover damages only if your fault does not exceed the threshold. Your recovery is reduced by your percentage of fault.
What makes Illinois's personal injury laws unique?
Illinois eliminated all fault-based divorce grounds in 2016, becoming a purely no-fault state. Cook County (Chicago) has mandatory arbitration for cases under $30,000, and the state has one of the most complex local government structures in the nation with over 6,000 taxing districts. Additionally, regarding personal injury specifically: Illinois follows modified comparative negligence with a 51% bar. The state has no caps on compensatory damages in personal injury cases. Understanding these unique aspects of Illinois law is critical for anyone involved in a personal injury matter in the state.
How many lawyers practice personal injury in Illinois?
Illinois has approximately 95,000 active licensed attorneys. While not all specialize in personal injury, the state's legal market provides a range of options from solo practitioners to large firms. Illinois has a mandatory (unified) bar, meaning all practicing attorneys must be members.
What are the CLE requirements in Illinois?
Illinois requires attorneys to complete 30 hours of continuing legal education (CLE) annually, including 6 hours of ethics. Illinois requires 30 CLE hours biennially (15/yr average) including 6 hours of professional responsibility. Attorney discipline is handled by the Illinois Attorney Registration and Disciplinary Commission (IARDC). This ensures that attorneys practicing personal injury in Illinois stay current with legal developments.
Where can I check a Illinois lawyer's disciplinary record?
You can verify a Illinois attorney's standing and check for any disciplinary actions through the state bar's public discipline portal at https://www.iardc.org/. It is always recommended to check an attorney's record before hiring them for your personal injury matter.
How can automation help with personal injury in Illinois?
AI-powered automation streamlines personal injury workflows in Illinois by automating document preparation, deadline tracking, client intake, and compliance monitoring. Law firms using InstaThink's automation tools report saving 15+ hours per week on administrative tasks, allowing attorneys to focus on higher-value legal work and serve more clients effectively.
Where can I find more information about Illinois's bar association?
The Illinois Bar Association website is available at https://www.isba.org. This is the primary resource for finding licensed attorneys, understanding your rights, accessing legal aid programs, and learning about personal injury laws specific to Illinois.
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