P&N BLOG | What Qualifies as a Personal Injury Case in Illinois?

A personal injury case arises when someone suffers harm due to the negligence or intentional actions of another party. In Illinois, the legal framework allows plaintiffs to seek compensation for injuries caused by incidents such as car/transportation accidents, medical malpractice, wrongful death, and more. These cases aim to provide financial recovery for medical expenses, lost wages, pain and suffering, and other damages. On today’s blog, we’ll break down the essentials of personal injury cases in Illinois to help you understand your rights and options.

Types of Personal Injury Cases in Illinois

Car Accidents Car accidents are among the most common personal injury cases in Illinois. Often caused by negligent actions like distracted driving, speeding, or drunk driving, these incidents can result in severe injuries. Illinois is a fault-based state, meaning the responsible party’s insurance covers damages.

Example: A driver runs a red light and collides with another vehicle, injuring the other driver. The injured driver can file a claim for medical expenses and lost wages.

Truck Accidents Due to the size and weight of commercial vehicles, truck accidents often result in catastrophic injuries. These cases may involve multiple parties, including the truck driver, trucking company, and even manufacturers of defective truck parts. Federal regulations, such as those from the Federal Motor Carrier Safety Administration (FMCSA), also come into play.

Example: A truck driver falls asleep at the wheel, causing a multi-vehicle collision on I-294. Victims can pursue claims against the driver and trucking company for negligence.

Slip and Fall Accidents Slip and fall cases, or premises liability claims, occur when someone is injured due to hazardous conditions on another’s property. Illinois law requires property owners to keep their premises reasonably safe. Plaintiffs must prove that the owner knew or should have known about the danger but failed to address it.

Example: A grocery store customer slips on a wet floor without warning signs and breaks their arm. The injured party can sue the store for negligence.

Dog Bites Illinois has a strict liability law for dog bites. Dog owners are automatically liable for injuries caused by their pets, provided the victim was lawfully on the property and did not provoke the animal.

Example: A child playing in a neighbor’s yard is bitten by their dog. The parents can file a claim for medical costs and emotional distress.

Wrongful Death When a person dies due to someone else’s negligence or intentional conduct, their family can file a wrongful death claim. Eligible family members, such as a spouse or children, may seek compensation for funeral expenses, loss of financial support, and emotional suffering.

Example: A pedestrian is struck and killed by a drunk driver. The family files a wrongful death lawsuit against the driver for their losses.

Product Liability These cases arise when defective or dangerous products cause injury. Illinois follows strict liability, meaning plaintiffs need only prove the product was defective and caused harm—not that the manufacturer was negligent.

Example: A defective airbag deploys improperly, causing injuries. The injured party can sue the manufacturer for producing a faulty product.

Key Legal Principles in Illinois Personal Injury Cases

Negligence Proving negligence involves demonstrating that:

• The defendant owed a duty of care.
• The defendant breached that duty.
• The breach caused the plaintiff’s injury (causation).
• The plaintiff suffered damages.

Comparative Negligence Illinois follows a modified comparative negligence rule. If you’re partially at fault for your injury, your compensation is reduced by your percentage of fault. However, if you’re more than 50% responsible, you cannot recover damages.

Statute of Limitations In Illinois, the statute of limitations for personal injury cases is generally two years from the date of injury. Missing this deadline likely forfeits your right to compensation.

Damages in Illinois Personal Injury Cases

Economic Damages These include measurable financial losses such as medical bills, lost wages, and property damage.

Non-Economic Damages Compensation for intangible losses, including pain and suffering, emotional distress, and loss of companionship.

Punitive Damages In rare cases, punitive damages may be awarded to punish particularly reckless or malicious behavior.

Navigating Illinois Personal Injury Cases

Burden of Proof The plaintiff must prove their case by a preponderance of the evidence—meaning it is more likely than not that the defendant’s actions caused the injury.

Insurance Involvement Insurance companies often defend claims and negotiate settlements. An experienced attorney can help ensure you receive a fair settlement.

Settlement vs. Trial Most cases settle out of court. However, if a fair resolution isn’t possible, your case may proceed to trial, where a judge or jury will determine the outcome.

How We Can Help

At The Law Offices of Parente & Norem, P.C., we understand how overwhelming a personal injury can be. Our experienced attorneys are committed to helping you navigate the legal system and secure the compensation you deserve. From car accidents to wrongful death claims, we’re here to fight for justice on your behalf.

Contact us today at 312.641.5926 to schedule a free consultation. Your path to justice begins with us.