Illinois Personal Injury Laws, Deadlines and Local Guides

Personal injury claims in Illinois

This is the Illinois hub of the Ask Legal Matters injury law guides. It summarizes the rules that apply to every injury claim in the state and links to local guides for 590 Illinois communities, each with pages on car, truck, motorcycle and pedestrian accidents, slip and fall injuries, workplace injuries and workers' compensation, medical malpractice and wrongful death.

Illinois gives injured people two years to file most personal injury lawsuits (735 ILCS 5/13-202) and two years for medical malpractice. The state follows modified comparative negligence (51% bar): you can recover as long as you were not more than 50% at fault, and your award is reduced by your share of fault. Illinois is an at-fault auto insurance state with minimum liability limits of 25/50/20. Injury cases are tried in the Circuit Court of the county where the accident happened, and workplace injuries are handled through the Illinois Workers' Compensation Commission.

Illinois injury law at a glance

Personal injury deadline: two years from the injury (735 ILCS 5/13-202)
Medical malpractice deadline: two years (discovery-rule exceptions)
Fault rule: modified comparative negligence (51% bar)
Auto insurance: At-fault
Minimum auto liability: 25/50/20
Trial court: County Circuit Court
Workers' compensation: Illinois Workers' Compensation Commission
Workers' comp claim deadline: About three years

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Illinois injury guides by county

Every Illinois county has its own page covering the county court, the state rules and every community in the county, large or small.

Largest communities in Illinois

More Illinois city guides: Danville, IL, Quincy, IL.

Illinois claims by injury type

Read the statute of limitations overview for every state for a side-by-side comparison of filing deadlines.

Frequently asked questions

How long do I have to file a personal injury lawsuit in Illinois?

Generally two years from the date of injury (735 ILCS 5/13-202). Medical malpractice claims generally must be filed within two years, and claims against government entities require a notice of claim much sooner.

What happens if I was partly at fault in Illinois?

Illinois applies modified comparative negligence (51% bar): you can recover as long as you were not more than 50% at fault, and your award is reduced by your share of fault.

Is Illinois a no-fault state?

No. Illinois is an at-fault state; the negligent driver's liability insurance (minimum 25/50/20) is the primary source of compensation.

Where are injury lawsuits filed in Illinois?

In the Circuit Court of the county where the accident happened or where the defendant resides. Claims against out-of-state companies may be removed to federal court.

How do I find a personal injury lawyer near me in Illinois?

Choose your county or community below for local information, or click the free claim review button; your request may be shared with independent attorneys and legal services partners who handle inquiries in Illinois.

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Ready to share what happened in Illinois?

Click here for a free claim review — submit accident details

Ask Legal Matters is a lead-generation service, not a law firm. Submitting a request does not hire an attorney. Review the contact consent and privacy policy on the form before submitting.