Is Illinois a No Fault State for Car Accidents?
Illinois Car Accident Compensation Laws
“Modified Comparative Fault” and “At Fault” Rules Governing the State of Illinois
Illinois car accident laws are structured to be fair and clear for those injured in an accident and who are seeking legal remedies to obtain full compensation. Illinois’ personal injury statutes are relatively the same as most other states in the United States. Illinois personal injury and car accident laws are referred to as “tort liability” or “at fault” rules. When it comes to auto accident claims, Illinois requires that the injured party (who is seeking compensation) has to prove that the “At Fault” driver caused the accident.
Illinois’ “Modified Comparative Fault” Laws
One question you may have is, “How much fault do I have to prove to win my car wreck case?”
In the State of Illinois, the courts determine fault using the a “Modified Comparative Negligence” rule. Some people know this rule as the “Modified Comparative Fault” rule or jurisdiction.
The “Modified Comparative Fault” rule says that in order for someone to recover compensation for damages, such as property damage or pain and suffering, after an auto accident, the party seeking to be compensated must show that the other driver was more “At Fault”.
The judge or jury determines the percentage or amount of “fault” for each driver involved in the motor vehicle accident. This is true only if a car accident settlement has not been achieved before trial. If the judge or the jury finds that you are at least 50% at fault for the accident, you will lose your case and opportunity to collect any money for your injuries or property damages. You may not file another lawsuit for the same accident. This is why it is crucial that you retain an experienced and qualified Illinois car accident lawyer. If you were determined to have been 20% at fault for the accident, you will only recover 80% of the damages you are seeking.
Types of Damages in a Car Accident Lawsuit in Illinois
The below are a few of the damages that an experienced attorney will fight the insurance company in order to obtain for you. for you.
- Past, present and future medical expenses
- Pain and suffering
- Emotional stress (Post Traumatic Stress Disorder)
- Car replacement or repairs
- Diminished value of your vehicle
- Rental car expenses
- Lost income
- Lost earnings capacity
- Special medical equipment rental or home modifications
- Vacation time used
- Wrongful Death with loss of affection or companionship
Economic Damages are damages that compensate you for items such as:
- Auto repairs
- Rental car reimbursements
- Medical bills
- Medical equipment
- Lost earnings
- and other financial items
Non-economic damages are those damages that an injured party seeks. These dames include things such as pain and suffering, disability, disfigurement and any other “bodily injury” items.
Statute of Limitations in Illinois
The statute of limitations in Illinois for personal injury lawsuits (including car accident injuries) is two years of the date of the accident. See – 735 Ill. Comp. Stat. 5/13-202
The statute of limitations in Illinois to file a property damage lawsuit in order to recover money for property damage is five years. See 735 Ill. Comp. Stat. 5/13-205
Limit on Damages in Illinois
None. Illinois courts have ruled that placing limits on damages is unconstitutional.
Other Damages in Illinois
In Illinois, the courts can use “Modified Comparative Fault” to determine the percentages of fault for each driver involved in the accident. These findings can prevent, reduce or limit your recovery. See 735 Ill. Comp. Stat. 5/2-1116
Speak to a Chicago Auto Accident Injury Lawyer Today
Our caring and highly qualified Chicago Car Accident Lawyers at Stein & Shulman, LLC are skilled at overcoming the legal challenges and pitfalls of car accident litigation in the state of Illinois. Our law firm offers a wealth of experience and a proven track record of obtaining large verdicts and settlements for your clients. We invite you to contact us today at (312) 422-0500 or email us to schedule your free case evaluation.