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IL
★ US · Midwest

Personal injury in
Illinois.

By Reviewed by Abd Shanti, Founder7 min read

Illinois applies modified-51 comparative fault and has no statutory cap on non-economic damages following the 2010 Lebron decision striking down the medical-malpractice cap.

Illinois operates modified comparative negligence with a 51% bar. The 2005 medical-malpractice non-economic damages cap ($500,000 against physicians, $1M against hospitals) was struck down by the Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital (2010) on separation-of-powers grounds. There is no current statutory cap on non-economic damages in Illinois.

Joint and several liability has been partly modified, defendants are jointly and severally liable for economic damages but liable only severally for non-economic damages once their share of fault drops below 25%.

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★ statute of limitations
2 years from date of injury

735 ILCS 5/13-202

★ fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ IL · key facts

What makes Illinois different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ IL · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Illinois law.

★ IL · court decisions

What Illinois courts have decided.

Reported Illinois decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ IL · rules that decide claims

The rules in Illinois.

Statutes and rulings that come up again and again in Illinois injury claims, each with its source.

Seat belt useNot wearing a seat belt is not evidence of negligence and cannot reduce any recovery.625 ILCS 5/12-603.1(c), in the MyClaimWorth seat belt chart
Deadline to sueTwo years: injury actions “shall be commenced within 2 years next after the cause of action accrued.”735 ILCS 5/13-202, as quoted in Mickiewicz v. Generations at Regency (Ill. App. 2020)
Fault ruleYou are barred only if your contributory fault is more than 50% of the proximate cause of the injury; otherwise the award is reduced by your share.735 ILCS 5/2-1116, as explained in Gratzle v. Sears, Roebuck (Ill. App. 1993)
Raising a low awardA judge may add to a verdict (additur) only to fix an omitted, easily calculated item of damages, not where the evidence on the injury is in conflict.Poliszczuk v. Winkler (Ill. App. 2008)
Suing a city or countyNo action may be brought against a local public entity or its employees unless it is “commenced within one year from the date that the injury was received or the cause of action accrued.”745 ILCS 10/8-101(a), as quoted in Harvest Church v. City of East St. Louis (Ill. App. 2011)
Medical billsA plaintiff may recover the reasonable value of medical care, proven by the billed amount, even if Medicare, Medicaid or an insurer paid less.Wills v. Foster (Ill. 2008)
Preexisting conditionsAn aggravation of an existing back condition is compensable when the crash proximately caused the need for treatment such as fusion surgery.Wills v. Foster (Ill. 2008)
Damages capsThe statutory caps on noneconomic damages in medical cases were struck down as a violation of the separation of powers.Lebron v. Gottlieb Memorial Hospital (Ill. 2010)
★ other US jurisdictions

Compare across United States.

How Illinois compares with its neighbours in the Midwest on fault rule and limitation period.

JurisdictionFault ruleLimitation
Illinois· you are hereModified comparative, 51% bar2 years from date of injury
Indiana (IN)Modified comparative, 51% bar2 years from date of injury
Iowa (IA)Modified comparative, 51% bar2 years from date of injury
Kansas (KS)Modified comparative, 50% bar2 years from date of injury
Michigan (MI)Modified comparative, 51% bar3 years from date of injury
Minnesota (MN)Modified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Nebraska (NE)Modified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice
North Dakota (ND)Modified comparative, 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative, 51% bar2 years from date of injury
South Dakota (SD)Slight versus gross negligence3 years from date of injury
Wisconsin (WI)Modified comparative, 51% bar3 years from date of injury

Every United States jurisdiction compared

★ IL · frequently asked

Common questions.

Common questions about personal injury claims in Illinois, answered with the relevant statutory references.

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★ federal context
Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority
Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Illinois statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Illinois. See /methodology, /sources, and /disclaimer.