Personal injury lawyer help in Montgomery County, Illinois

Montgomery County, Illinois includes 17 named communities, the largest being Litchfield, Hillsboro, Nokomis. Whether an accident happened on a county road, in a small town or in one of the larger communities, the same Illinois rules apply: a 2-year filing deadline for most injury claims, modified comparative negligence (51% bar), and lawsuits filed in the Montgomery County Circuit Court. This page is the county-wide guide, with links to a page for each community.

You describe what happened anywhere in Montgomery County using the free claim review form, and your request may be shared with participating attorneys or legal services partners who handle that type of matter in Illinois. Submitting a request does not hire an attorney, and everything below is general legal information, not legal advice about your specific situation.

Each community below has its own guide with the local court, insurance rules and every type of injury claim.

• Litchfield, ILpop. 6,897
• Hillsboro, ILpop. 5,726
• Nokomis, ILpop. 2,185

Smaller communities in Montgomery County include Butler, Coffeen, Donnellson, Farmersville, Fillmore, Harvel, Irving, Ohlman, Panama, Raymond, Taylor Springs, Waggoner, Walshville, Witt. Residents of these areas follow the same Illinois rules, use the same Montgomery County Circuit Court, and can request a free claim review from anywhere in the county.

Illinois generally gives an injured person two years from the date of injury to file a personal injury lawsuit (735 ILCS 5/13-202); medical malpractice claims generally must be filed within two years, and wrongful death claims typically run from the date of death. Claims against a city, county, school district or state agency require a formal notice of claim far sooner, sometimes within a few months. Once the deadline passes, the Montgomery County Circuit Court will dismiss the case regardless of how clear the fault was, so the practical rule in Montgomery County is to get legal advice early.

Illinois follows modified comparative negligence (51% bar). In plain terms, you can recover as long as you were not more than 50% at fault, and your award is reduced by your share of fault. Insurance adjusters apply this rule from the first phone call, which is why the way an accident is described and documented in the days after it happens in Montgomery County has a direct effect on what a claim is worth.

After a crash in Montgomery County, the at-fault driver's liability insurance is the primary source of compensation. Illinois requires drivers to carry only 25/50/20 in coverage (thousands of dollars for bodily injury per person, per accident, and property damage), which serious injuries quickly exhaust. Underinsured motorist coverage on your own policy and claims against additional responsible parties often make the difference in Montgomery County cases.

Lawsuits arising from accidents in Montgomery County are typically filed in the Montgomery County Circuit Court, the trial court of general jurisdiction for Montgomery County, although cases can sometimes be filed where the defendant resides or does business, and claims against out-of-state trucking companies or manufacturers may end up in federal court. Most claims settle before trial, but the credible ability to try a case in Montgomery County is what moves insurers to pay fair value.

Employees injured on the job in Montgomery County are generally covered by Illinois workers' compensation, administered through the Illinois Workers' Compensation Commission. Report the injury to your employer immediately and file a claim within the state's deadline (generally about three years). Workers' compensation does not pay for pain and suffering, so when a third party such as a subcontractor, driver or equipment manufacturer caused the injury, a separate personal injury claim is often worth pursuing alongside it.

• Macoupin County, IL
• Bond County, IL
• Christian County, IL
• Fayette County, IL

See the Illinois personal injury guide for every county in the state.