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Modified 51% bar rule. Chicago Cook County juries award 40-50% higher than downstate Illinois. 2-year statute of limitations.
Illinois Modified 51% Bar Rule
Illinois follows modified comparative negligence with a 51% bar. You can recover damages only if you're 50% or less at fault. Chicago juries tend to award high settlements compared to downstate Illinois.
51% bar: Must be 50% or less at fault to recover. Chicago Cook County juries award 40-50% higher settlements than downstate due to higher cost of living and plaintiff-friendly juries.
Statute of Limitations: 2 Years
| Case Type | Statute | Notes |
|---|---|---|
| Personal Injury | 2 years | From date of accident |
| Medical Malpractice | 2 years | From discovery (4-year max) |
| Wrongful Death | 2 years | From date of death |
Average Settlements
Chicago (Cook County)
- Minor injuries: $15,000 - $40,000
- Moderate injuries: $70,000 - $180,000
- Serious injuries: $350,000 - $2M+
Downstate Illinois
- Minor injuries: $10,000 - $25,000
- Moderate injuries: $40,000 - $110,000
- Serious injuries: $200,000 - $1M
Top Cities
| City | Population | Settlement Trends |
|---|---|---|
| Chicago | 2.7M | Very high settlements |
| Aurora | 180K | Moderate-high |
| Rockford | 148K | Moderate |
Illinois Insurance Minimums
Illinois requires drivers to carry the following minimum auto liability insurance coverage:
Required Minimum Coverage (Illinois)
- Bodily Injury: $25,000 per person / $50,000 per accident
- Property Damage: $20,000 per accident
Illinois requires 25/50/20 minimum auto liability coverage. Uninsured motorist coverage at the same BI limits is also mandatory.
Settlement Amounts by Injury Type in Illinois
Settlement values vary widely depending on how badly you were hurt. These ranges are based on typical outcomes in Illinois courts and insurance negotiations. Your case could be higher or lower depending on the specifics.
| Injury Type | Typical Settlement Range | Multiplier Used |
|---|---|---|
| Whiplash / Soft Tissue | $10,000 - $30,000 | 1.5x - 3x |
| Fractures | $35,000 - $100,000 | 2x - 3.5x |
| Herniated Disc | $45,000 - $140,000 | 2.5x - 4x |
| Concussion / Mild TBI | $35,000 - $100,000 | 2x - 3.5x |
| Burns | $55,000 - $220,000 | 3x - 5x |
| Back / Spinal Injury | $90,000 - $450,000 | 3.5x - 5x |
| Knee / Shoulder Surgery | $55,000 - $160,000 | 2.5x - 4x |
| Wrongful Death | $500,000 - $4,000,000+ | N/A |
These numbers reflect cases where the other party was clearly at fault. If you share some blame, your recovery will be reduced by your percentage of fault under Illinois's negligence rules.
Damages Caps in Illinois
Illinois does not cap economic or non-economic damages in personal injury cases. The state Supreme Court ruled all damages caps unconstitutional (Best v. Taylor Machine Works, 1997 and Lebron v. Gottlieb, 2010). Punitive damages are also uncapped but must be proportional.
Frequently Asked Questions
What is the statute of limitations in Illinois?
Illinois has a 2-year statute of limitations for personal injury (735 ILCS 5/13-202). For medical malpractice, it's 2 years from when you knew or should have known about the injury. Product liability also has a 2-year limit.
How does Illinois comparative negligence work?
Illinois uses modified comparative negligence with a 51% bar (735 ILCS 5/2-1116). You can recover if 50% or less at fault, with your award reduced by your fault percentage. At 51%+ fault, you receive nothing.
What is the average settlement in Illinois?
Illinois settlements average $40,000 to $140,000. Chicago cases settle 40-50% higher than downstate. Cook County juries are known for higher awards. Minor injuries: $15K-$40K. Moderate: $60K-$150K. Severe: $300K-$2M+.
Major Cities
Get city-specific settlement data, local court timelines, and attorney resources:
Related Resources
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