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★ Illinois · head & brain

Head & brain settlements
in Illinois.

By 6 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. For head & brain claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Illinois's modified comparative — 51% bar.

Illinois applies modified comparative negligence with a 51% bar. A head & brain claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability head & brain cases where the comparative-fault split is close to even.

Illinois does not impose a state-specific statutory cap on the standard heads of damage in head & brain cases. The band is constrained primarily by jury verdict ranges, insurance policy limits, and the strength of the medical paper trail. Catastrophic head & brain claims with documented future care needs can clear the upper end of the band without bumping into a statutory ceiling.

★ band · US federal frame
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Illinois's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in Illinois. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ IL · statute of limitations
2 years from date of injury

735 ILCS 5/13-202

★ IL · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Illinois courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 – $100,000Reported decisions
Severe traumatic brain injury$500,000 – multi-millionCatastrophic-case reported decisions
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Illinois's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Illinois · you are hereModified comparative — 51% bar2 years from date of injury—
IndianaModified comparative — 51% bar2 years from date of injuryIN · head & brain →
IowaModified comparative — 51% bar2 years from date of injuryIA · head & brain →
KansasModified comparative — 50% bar2 years from date of injuryKS · head & brain
MichiganModified comparative — 51% bar3 years from date of injuryMI · head & brain →
MinnesotaModified comparative — 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · head & brain →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · head & brain →
MassachusettsModified comparative — 51% bar3 years from date of injuryMA · head & brain →
MontanaModified comparative — 51% bar3 years from date of injuryMT · head & brain
NevadaModified comparative — 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain →
New HampshireModified comparative — 51% bar3 years from date of injuryNH · head & brain
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
LouisianaPure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · head & brain →
★ IL · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ all of IL
Illinois overview

Fault rule, statute, caps, and key facts for Illinois as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Illinois's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Illinois. See /methodology, /sources, and /disclaimer.