Illinois Personal Injury Law

Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage.

• Personal Injury – 2 years from when plaintiff knew or should have known that the injury was wrongfully caused
• Damage to Personal Property – 2 years
• Medical malpractice – 2 years from the date of discovery of the injury, but no more than 4 years after the act that caused the injury
• Legal malpractice – 2 years from the date of discovery but in no case more than 6 years after the act
• Other professional malpractice – 2 years from the date of discovery, but not more than 6 years

Where to Sue:

• Personal injury claims under $10,000 – Illinois Small Claims Court
• Personal injury claims $10,000 or more – Illinois Circuit Court

How to Sue:

Small Claims Court:

• Forms: You may obtain Illinois Small Claims Compliant and Summons forms in the appropriate county small claims court.
• Where to file: Where the defendant resides, or where the injury occurred.
• How to notify the defendant (service): The defendant should be personally handed the documents anywhere in Illinois by a sheriff, a coroner, or a disinterested person. Alternatively, service may be made by certified or registered mail, return receipt requested.
• Proving the defendant was notified: Complete and file proof of service soon after service of process on all defendants has been made.
• Attorneys: Lawyer representation at a trial in an Illinois Small Claims Court is allowed.
• Appealing a small claim:The defendant and the plaintiff may appeal for a new trial on a question of law within 30 days of the initial judgment.

Illinois Circuit Court: You should seek the advice of an experienced personal injury attorney before filing a personal injury lawsuit. The process for filing a lawsuit is a complicated, and filling out the forms is only the beginning. Your case could be dismissed or you could permanently lose your right to sue if paperwork is improperly prepared or court requirements are not followed closely.

• Forms: Illinois Complaint and Summons. Make duplicate copies for the court, the defendant, and for yourself.
• How to File: Bring copies of the form to the court clerk in the county where the defendant resides or where the injury occurred, and pay a filing fee.
• How to Notify the Defendant: The defendant should be personally handed the documents by a sheriff, a coroner, or a disinterested adult. Service can also be made by certified or registered mail.

What to Do if You Are Being Sued:

• Time to respond to a Summons in Illinois: 30 days.
• It is imperative that you consult an attorney immediately.
• If the injury occurred at your home or place of employment, contact your insurance company right away. Your insurance company may provide you with an attorney.

What to Do if A Judgment Was Entered Against You:

A judgment will be entered against you if you fail to respond to the summons. Thus, plaintiff wins the case and you must pay the damages.

• Time to Set Aside a Judgment in Illinois:
  • 30 days from the entry of default judgment
  • 1 year from the entry of default judgment if the defendant never received proper notice of the suit
• Seek aid from an attorney if a default judgment has been entered against you.

Ways to Collect Your Judgment:

• If you are successful in your Illinois personal injury lawsuit, you may collect your judgment by putting a lien on the debtor’s property, or by garnishing the debtor’s bank account or wages.
• Seek help from a qualified Illinois debt collection attorney for help collecting the judgment.