Each state, including Illinois, has its own laws and rules for handling personal injury lawsuits. If you've been injured in an accident that wasn't your fault in Illinois, here are some of the laws that determine how much time you have to file a personal injury lawsuit, what happens when you're partly to blame for your injuries, whether Illinois has limits on how much compensation (called "damages") you can get, and more.
A personal injury lawsuit is a type of civil (noncriminal) lawsuit. It allows an injured person to get financial compensation—damages—from the person, company, or government that caused them harm.
Many types of accidents and intentional misconduct can lead to personal injury lawsuits, including:
Not all disputes over injuries end up in court. You might be able to resolve your personal injury case through an insurance claim. If you're unable to settle your insurance claim or it gets denied, you can file a personal injury lawsuit.
In Illinois, you'll file your personal injury lawsuit in circuit court. Illinois has 25 circuits for 102 counties. You typically file in the county where:
Different rules apply when your lawsuit is against the government.
If you're suing for $10,000 or less, you can file in small claims court. When you ask for more than $10,000 and less than a limit set for a particular circuit (typically between $30,000 and $50,000), you're required to participate in court-annexed mandatory arbitration. Arbitration is less formal than court and tends to be faster and less expensive.
Illinois's court-annexed arbitration program is mandatory, but not binding. A panel of three arbitrators hears each case and recommends a decision. If either side disagrees with the panel's decision, the case is returned to circuit court.
(Learn more about Illinois's court system.)
Unless you're suing in small claims court, you should hire a lawyer to prepare, file, and handle your case. In circuit court, you must follow complicated court rules that can be difficult to understand. An experienced attorney knows the rules and how they apply to your case. Here's a quick overview of the process.
You start a personal injury lawsuit by filing a complaint against the person, company, or government that harmed you (the "defendant"). Your complaint should identify the parties, outline the basic facts of your case, and explain why the defendant is legally responsible for your injuries and losses.
You'll need to serve a copy of the complaint on the defendant, along with a summons. The defendant then has a chance to answer your complaint.
In Illinois, e-filing is required. Learn more about e-filing basics and whether you might qualify for an exemption from e-filing.
The Supreme Court Commission on Access to Justice has approved statewide forms that Illinois courts must accept. Local circuit courts might have their own pre-approved forms. Standardized court forms are helpful guides when you're representing yourself, but aren't a substitute for an experienced personal injury lawyer.
Illinois has deadlines—called "statutes of limitations"—for filing personal injury lawsuits in court. In most cases, you have two years from the date of your injury to get your lawsuit filed.
(735 Ill. Comp. Stat. § 5/13-202 (2024).)
The consequence for missing the filing deadline is severe. Unless a rare exception to the statute of limitations applies, a judge will almost certainly dismiss your case. You'll permanently lose your right to collect damages for your injuries and related losses.
Some types of personal injury lawsuits have different limitation periods or special rules that apply. Here are a few examples. Talk to a lawyer if you have questions about how Illinois's statutes of limitations apply to your case.
Medical malpractice. Under 735 Ill. Comp. Stat. § 5/13-212 (2024), medical malpractice lawsuits typically must be filed within two years of when you first:
Illinois puts an outer limit, called a "statute of repose," on your time to discover a malpractice-related injury. You can't file a medical malpractice lawsuit more than four years after the date the malpractice occurred, no matter when you discovered or should've discovered your injuries.
Minors—those younger than 18 when they're injured by malpractice—usually have more time to sue.
(Learn more about Illinois's medical malpractice laws.)
Defamation. If someone is making false statements about you that are hurting your reputation, you better take legal action quickly. 735 Ill. Comp. Stat. § 5/13-201 (2024) allows you just one year to file a defamation lawsuit in Illinois.
(Learn more about the time limit to file an Illinois defamation case.)
Claims against the State of Illinois. Special rules apply when you want to make a personal injury claim against a state agency or state employee in Illinois. The Illinois Court of Claims has exclusive authority over these types of claims. (705 Ill. Comp. Stat. § 505/8 (2024).)
You have one year from the date when the claim arose to file a lawsuit against the state or submit a Notice of Intent of Claim for Personal Injury to the Court of Claims. (705 Ill. Comp. Stat. § 505/22-1 (2024).) If you've submitted notice, you have up to two years to file your lawsuit. (705 Ill. Comp. Stat. § 505/22(h) (2024).)
Claims against local governments in Illinois. Personal injury claims against local governments and their employees in Illinois are heard in regular circuit courts, but you have to act quickly. You typically have one year from the date you were injured or the claim arose to get your lawsuit filed. Medical malpractice suits have to be filed within two years of the date a patient knew or should've known about their malpractice injury.
The state's four year medical malpractice statute of repose—discussed above—applies here, too. In other words, regardless of when (or if) you discover the government's medical error, you can't sue later than four years after the alleged malpractice.
(745 Ill. Comp. Stat. § 10/8-101 (2024).)