If you have been hurt in an accident in Illinois, you probably already know that you could be entitled to compensation from the at-fault party. However, you must adhere to all the Illinois statutes that might affect your case to bring a successful personal injury claim.
There are many state laws that could have an effect on your personal injury claim. Some of these laws may affect how much compensation you can recover, while others can completely prevent you from filing a claim at all. Learn more about which statutes you need to pay close attention to if you have been hurt.
Illinois Statute of Limitations
One of the most important statutes when assessing a personal injury claim is the statute of limitations. This statute essentially creates a countdown clock on your ability to file a claim after an accident. The statute of limitations can vary from state to state. However, they apply to car accidents, workplace injuries, medical malpractice, and more.
Most personal injury claims in Illinois are based on the legal theory of negligence. Illinois law sets the timeframe for filing most personal injury lawsuits based on negligence at two years. This means that you must file a lawsuit for damages within two years of the date of your accident.
Missing the deadline may completely bar you from recovering any compensation for your injuries. There are some special situations that can toll, or pause, the statute. Some common instances where the statute of limitations is tolled are:
- Minor victim – If a child suffers an injury, the statute is typically paused until the child’s 18th birthday.
- Mental incapacitation – When a victim is deemed mentally incapacitated, the statute may pause until they are no longer incapacitated.
- Defendant leaves the state – In some cases, the defendant may flee the state to avoid a lawsuit. When this happens, the statute will pause until they return to the state.
As you can see, the statute of limitations can greatly affect your personal injury claim. Missing the deadline to file your case can cause you to lose all your rights to obtain a recovery. Some of these situations can get extremely complex. This is why it is always best to seek the help of an experienced personal injury lawyer who can help you determine the deadline for your claim.
Comparative Negligence Statutes
Insurance companies use a common tactic in personal injury claims to minimize their liability: blame the victim for the accident. If your negligence contributed to your accident, your personal injury claim can be affected. In some states, a victim’s own negligence may completely prevent them from getting any financial recovery after their accident.
Thankfully, Illinois follows a rule known as modified comparative negligence. Under this law, a victim may still recover compensation for their injuries as long as they were not more than 50% responsible for their accident. However, their recovery will be reduced by their portion of the fault.
For instance, imagine being injured in a car accident and sustaining $20,000 in damages. The jury finds that you are 20% responsible for your accident, while the defendant is 80% responsible for the crash. Illinois’ modified comparative negligence rule would reduce your recovery by 20%. This means that you could still recover $16,000 from the defendant.
Punitive Damages Laws
Punitive damages are a special type of damages that are only available in rare cases. These damages do not compensate the victim for a loss but are intended to punish the defendant for their behavior. Illinois law allows punitive damages in personal injury cases, but only where the defendant’s conduct is outrageous.
To qualify as outrageous, the conduct must be fraudulent, intentional, or “willful and wanton.” Simple negligence is not enough to award punitive damages. These damages are reserved for cases involving extremely egregious conduct. In many cases, conduct that gives rise to punitive damages may also be subject to criminal penalties.
Some states limit the value of punitive damages that may be awarded in a personal injury case. However, Illinois law does not cap punitive damages in most personal injury cases. This leaves the jury open to determine the amount of punitive damages they believe appropriate under the given circumstances.
Get Help From a Chicago Personal Injury Lawyer
These and even more Illinois statutes can have a significant effect on your personal injury claim. It can be difficult to keep track of all the laws that might affect your claim and your recovery. This is why it is recommended to contact an experienced Chicago personal injury lawyer after an accident.
The team at Zayed Law Offices Personal Injury Attorneys can help you understand how Illinois statutes may affect your claim. We will take the time to answer all your questions and handle every detail of your claim. Contact us today to schedule a free consultation at (312) 726-1616 and let us help you get the compensation you are owed for your injuries.
