Personal Injury in Illinois

Illinois personal injury law operates under a modified comparative negligence standard where a plaintiff must be less than 50% at fault to recover damages. Contingency fees in Illinois are typically 33.33% of the recovery, though this can increase to 40% if the case goes to trial. Illinois has a two-year statute of limitations for personal injury claims. The state is known for relatively plaintiff-friendly juries, particularly in Madison County (historically known as a "judicial hellhole" by tort reform advocates) and Cook County. Medical malpractice cases in Illinois have no caps on non-economic damages following the 2010 Illinois Supreme Court decision in Lebron v. Gottlieb Memorial Hospital. Workers' compensation claims are handled through the Illinois Workers' Compensation Commission with different fee structures. Dram shop liability in Illinois allows injured parties to sue establishments that served alcohol to visibly intoxicated patrons who then cause harm.