Need representation from an Illinois personal injury lawyer? Call RP Legal Group now.
You’ve been hurt in an accident because of someone’s negligence, and now you’re unsure what to do next. Maybe you can’t work until you heal, and in the meantime, medical expenses and credit card bills are mounting. If you want compensation, you need help from an experienced Illinois personal injury lawyer.
RP Legal Group handles all types of personal injury cases in Chicago, Springfield, Elgin, Rockford, Peoria, and other IL cities. Call us at (888) 340-7454 for a free consultation now.
Take a look at some of our reviews to see why we’re Illinois’ preferred legal firm.
What To Know About Filing a Personal Injury Lawsuit in Illinois
Filing a lawsuit in Illinois is a complex process, but we’re here to guide you through it. Learn everything you need to know about filing your claim below.
Illinois’ Modified Comparative Negligence Rule
If you think you might be partially at fault for a car accident or any other type of accident, you’ll need to consider Illinois’ modified comparative negligence rule. This rule states that you can only recover damages if you’re less than 50% at fault for an accident.
As you might expect, the insurance company will try to blame you for the accident so it doesn’t have to pay you. An attorney who is a member of the Illinois State Bar Association is very familiar with the tactics insurers use to blame victims. Your lawyer will do everything possible to minimize your degree of fault and help you collect fair compensation.
Time Limits for Filing a Claim in Illinois
In Illinois, you generally have two years from the date of your injury to file a personal injury claim (Chapter 110, § 13-202). If you wish to sue the state government, you have one year to submit a Notice of Intent of Claim for Personal Injury to the Illinois Court of Claims. Once you’ve done that, you have two years to file a lawsuit.
Timelines for medical malpractice are more complex than they are for general personal injury claims. You must file a lawsuit within two years of when you first:
- Knew that you were injured
- Should have reasonably discovered that you were injured
- Were given notice of your injury
Additionally, Illinois has a limit, called a “statute of repose,” on medical malpractice. You cannot sue for malpractice within four years of your injury, regardless of when you discovered or should have discovered the injury.
Personal Injury Damage Caps
Many states cap the damages you can recover in personal injury cases, but Illinois is not one of them. The only exception is lawsuits against the State of Illinois. If you sue the state, your damages are capped at $2 million (except for cases involving vehicles driven by state employees).
Where and How To File a Personal Injury Lawsuit in Illinois
In Illinois, you’ll need to file your claim with the circuit court in the county where the accident happened or where the defendant lives/does business. You can find the circuit court that serves your county here.
Filing fees vary by county. In Cook County, for example, it costs $287 to file in small claims court. For other civil actions, fees start at $379. You may be able to ask the court to waive the fee if you can’t afford it.
Once you’ve found the right circuit court with which to file, you’ll need to file a complaint. The complaint should include the names of everyone involved in the accident, a description of your injuries, information about how and where the accident happened, and your desired remedy. If you’re unsure how to file a complaint, you should hire an Illinois personal injury lawyer to help you with this step.
Once you’ve filed your complaint, you must serve a copy of the complaint to the defendant, along with a summons to appear in court. The defendant then has a chance to respond to your complaint.
For a free legal consultation with a Personal Injury lawyer serving Illinois, call 888-340-7454
Types of Cases Our Illinois Personal Injury Attorneys Handle
Have you had a car accident in Chicago or a slip-and-fall accident in St. Louis? RP Legal Group is here to help you. We handle all types of personal injury cases in Illinois, including:
- Car, truck, motorcycle, bus, and bicycle accidents
- Uber/Lyft accidents
- Pedestrian accidents
- Premises liability
- Medical malpractice
- Dog bites
- Construction accidents
- Wrongful death
Learn more about our legal team, then call us for a free consultation with an Illinois personal injury lawyer now.
Personal Injury Lawyer Near Me 888-340-7454
Why Choose RP Legal Group?
When looking for an attorney to represent you, you want a personal injury firm you can trust. Here’s why RP Legal Group should be your top choice:
- We offer free case evaluations 24/7. Whenever you need help, you can have peace of mind knowing that we’re here for you.
- Unsure how much your case is worth? Our seasoned attorneys will tell you how much compensation you might win for your injuries.
- We offer an extensive network of experienced attorneys throughout Illinois and can help you find the right personal injury lawyer for your case.
- Our live chat feature makes connecting with an attorney near you easy. No lengthy waiting periods or hours spent on hold — just speedy, helpful legal advice you can count on.
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Contact an Illinois Personal Injury Accident Lawyer Now
Ready to start your claim? Call (888) 340-7454 today to speak with an IL personal injury lawyer from RP Legal Group.
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Frequently Asked Questions
Here, you’ll find answers to commonly asked questions about personal injury in Illinois.
Is Illinois a Fault-Based State for Car Accidents?
Illinois is a fault-based state for car accidents. This means the party who caused your injuries is responsible for paying your damages.
Are Illinois Dog Owners Responsible for Bites?
Illinois dog owners are responsible for bites unless the victim was trespassing or provoked the attack.
How Long Do You Have To Sue in Illinois?
You generally have two years to file a personal injury lawsuit in Illinois, but exceptions exist. Contact an Illinois personal injury lawyer to learn more.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454