Illinois Personal Injury Claims

Free Illinois injury tools

• Illinois Settlement Calculator — estimate what a claim may be worth, with the 51% bar and Illinois insurance limits applied to your numbers.
• Illinois Filing Deadline Checker — including the one-year rule for claims against local public bodies.

No caps, and why that matters

Illinois stands apart from most of the country here. There is no cap on pain and suffering, no cap on medical malpractice damages, and no statutory cap on punitive damages.

The state did enact a malpractice cap in 2005 — $500,000 against physicians, $1,000,000 against hospitals. The Illinois Supreme Court struck it down in Lebron v. Gottlieb Memorial Hospital (2010), holding that it violated the separation of powers by overriding the judiciary’s role. Nothing has replaced it since.

In 2023 the law changed again to permit punitive damages in wrongful death and survival actions, where previously they died with the victim.

The consequence is that in Illinois a claim is worth what the evidence establishes. There is no statutory ceiling waiting at the end of it.

Three different government deadlines

Illinois does not have one rule for public defendants. It has three, and picking the wrong one is fatal:

• Local public entities — cities, counties, school districts, park districts, transit agencies — require the lawsuit itself to be filed within one year, under 745 ILCS 10/8-101.
• The State of Illinois is sued in the Court of Claims, not the circuit court. Notice is due within one year and the claim within two, under 705 ILCS 505/22-1.
• Private defendants keep the ordinary two-year deadline under 735 ILCS 5/13-202.

Court of Claims awards are also capped, on a figure adjusted annually — $2,629,104 for 2026. That cap does not apply to claims arising from a state employee’s negligent operation of a motor vehicle.

Shared fault and joint liability

Under 735 ILCS 5/2-1116, recovery is reduced by your percentage of fault and barred entirely at 51%.

Illinois also retains joint and several liability where a defendant is at least 25% at fault — that defendant can be pursued for the full damages even if others are insolvent. A defendant below 25% pays only its own share, except for medical expenses, for which every defendant remains fully liable. Most states abolished joint liability outright, so this is a genuine advantage for Illinois claimants with multiple defendants.

Insurance

The minimum is 25/50/20, last raised in 2015. Uninsured motorist coverage is mandatory at 25/50 limits, and underinsured coverage attaches automatically to any policy carrying UM limits above the minimum under 215 ILCS 5/143a-2.

That mandatory UM requirement makes Illinois better protected than most states against uninsured drivers, though the underlying limits remain low relative to current medical costs.

Where Illinois injury cases are filed

Cook County handles the majority of the state’s injury litigation and has historically returned higher verdicts than downstate venues. Where a case can properly be filed is therefore a live strategic question in Illinois in a way it is not everywhere.

Common questions

Does Illinois cap injury damages?

No. The 2005 medical malpractice cap was struck down in 2010 and no cap of any kind applies today, including to punitive damages.

Why is the deadline one year against a city or the CTA?

Because 745 ILCS 10/8-101 requires claims against local public entities to be filed within one year. It replaces the ordinary two-year deadline rather than sitting alongside it.

How do I sue the State of Illinois?

Through the Court of Claims rather than the circuit courts, with notice due within one year and the claim within two. Awards there are capped at an annually adjusted figure, $2,629,104 for 2026.

Is uninsured motorist coverage required?

Yes, at 25/50 limits, and underinsured coverage is automatic on policies with higher UM limits.