Car accidents are an unfortunate reality in Illinois. Fortunately, many car accidents result in no serious injuries or property damage. But suppose you are unfortunate enough to be injured in a car accident. In that case, you need to know a few things before filing a personal injury claim to recover compensation for your medical bills and other losses.
There Is a Deadline
The State of Illinois imposes a two-year statute of limitations on personal injury lawsuits. The statute of limitations refers to the deadline for properly filing a lawsuit in state court. Generally, this means two years from the date of your auto accident. For example, if you sustained injuries in a rear-end car crash that occurred on June 1, 2024, you would have until June 1, 2026, to file a personal injury lawsuit against the negligent driver. If you file even one day past this deadline, your case will likely be thrown out of court.
Modified Comparative Fault
Like most states, Illinois currently uses a comparative fault or comparative negligence rule when it comes to determining legal and financial responsibility for a car accident. What this means is that if your personal injury claim goes to trial, the jury (or judge) will look at the relative fault of everyone involved in the accident, including you.
Let’s say you are found 30 percent at fault for an accident. The court would then reduce the amount of compensation the defendant owes you by 30 percent. It is important to note, however, that if your share of the fault for an accident exceeds 50 percent, then you walk away with nothing. The defendant will not owe you anything.
Limits on Damages
Through a car accident claim, you can seek compensation for your economic and non-economic damages. Economic damages cover items like your medical bills, lost income, and other out-of-pocket expenses that you can easily quantify. Non-economic damages, in contrast, cover damages that you cannot easily prove yet clearly exist, such as your pain and suffering and emotional trauma.
Many states limit or “cap” the amount and types of damages a person can receive in a car accident claim. Here is a rundown of where Illinois stands on this subject:
- The Illinois legislature previously adopted a $500,000 cap on non-economic damages in personal injury cases. In 2010, however, the Illinois Supreme Court held this cap was unconstitutional, as it violated the separation of powers between the legislative and judicial branches. So there is currently no enforceable cap in Illinois for most car accident claims.
- There is still a $100,000 cap on personal injury claims filed against the State of Illinois itself or any of its agencies or subdivisions. This cap would apply if you were injured in a car accident caused by a state or local government employee acting within the scope of their employment.
- In car accident claims involving willful or extremely reckless actions, such as drunk driving, an Illinois court can award punitive damages in addition to economic and non-economic damages. Illinois law caps punitive damages at three times the combined amount of economic and non-economic damages.
Contact a Rockford Car Accident Attorney Today
Seeking financial compensation following a serious car accident requires a careful understanding of the law. Our Rockford car accident lawyers can guide you through each stage of the process. Contact Tuite Law today at (815) 965-5777 to schedule a free consultation.
