There are many different types of laws that govern how personal injury cases should be dealt with. While there are federal laws that must be adhered to, there are also state-level laws that are unique to each state. In the state of Illinois, there are a number of personal injury rules and guidelines that are specific to the state. Knowing these laws is the key to successfully litigating a personal injury case in the state. That is why consumers are always advised to hire personal injury lawyers that have been practicing in the state of Illinois for many years. The ideal lawyer must have also handled many personal injury cases successfully. The amount of experience a lawyer has in the field is directly proportional to their expertise and knowledge of personal injury law in Illinois. Therefore, they can offer quality services. Read on to learn more about personal injury laws in the state of Illinois.
Statute of Limitation in Illinois
In the state of Illinois, the statute of limitation is 2 years. This means that you must file your lawsuit within two years from the date you were injured. In some personal injury cases, the 2-year time limit may start from the discovery date, or the day you discovered you were injured. After all, you may discover the injury several months after you were actually injured. When you want to sue your county or city, however, you must do so within a year. If you blame the state for your injury, you must file a claim within a year, but the statute of limitation for such cases is 2 years.
Comparative Fault Rules
Illinois is a fault state. This means that an investigation of the incident that led to the injury must be done to determine who was at fault before a settlement can be awarded. The state also has comparative fault rules. These rules are used to determine the amount the plaintiff can receive in damages. For instance, if the plaintiff is found to be 20% at fault, and they are claiming $50,000 in damages, the court will award them $40,000 only. However, if the plaintiff is found to be 50%, or more, at fault, they will get nothing. While courts are required to follow comparative fault rules, insurers may decide to use the same rules during negotiations for the insurance settlement.
Damage Caps in Illinois
While many states have limits for damages or compensation that the injured party can get for non-economic damages, personal injury law in Illinois does not have any caps or limits for any type of personal injury case. This means that the court can award damages as needed without any limits.
If you have been injured in any way, it is important you get a free consultation with an injury attorney before making a decision. There are many personal injury lawyers in the state of Illinois, so you will need to carry out a bit of research to identify the best attorney to handle your case. The free consultations can help you make an informed decision on the right lawyer to hire as well as how to proceed with the case.