Illinois source notes · reviewed September 24, 2026

Illinois personal injury laws

Illinois puts its personal-injury limitations provision in Article XIII of the Code of Civil Procedure and its modified comparative-fault rule in § 2-1116. Each section contains scope language that matters more than the shorthand label.

General timing starting pointTwo years for the personal-injury category in 735 ILCS 5/13-202

Fault-rule starting pointRecovery barred when claimant fault is more than 50%

Begin with the action, not just the incident date

735 ILCS 5/13-202 generally says actions for damages for an injury to the person must be commenced within two years after accrual, while also listing exceptions and additional language. Government defendants, medical claims, and other causes of action require separate research.

Illinois uses a more-than-50% bar

Under 735 ILCS 5/2-1116, a plaintiff in a covered action is barred when contributory fault is more than 50% of the proximate cause. When fault is not more than 50%, allowed damages are diminished in proportion to the plaintiff’s fault.

Verify the lawyer and the forum separately

The Illinois ARDC lawyer search is the licensing source. Court location, venue, and filing requirements are separate questions; a firm’s address alone does not establish where a lawsuit should be filed.

Primary and official sources

Read the current text

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State-law questions

Questions this summary raises

Is two years always the Illinois deadline?

No. Section 13-202 is a general personal-injury provision with exceptions. Different claims, parties, accrual rules, and tolling provisions can produce a different result.

What happens at exactly 50% plaintiff fault?

Section 2-1116 bars recovery when plaintiff fault is more than 50%. At 50% or less, allowed damages are reduced proportionately, subject to the section’s scope.

Does a Chicago firm profile prove the firm can handle my county?

No. Confirm service area, venue, licensing, and the particular matter directly with the firm.

Reviewed September 24, 2026. General legal information only. The correct filing period and fault rule depend on the claim, parties, dates, facts, and current law.

Begin with the action, not just the incident date

Illinois uses a more-than-50% bar

Verify the lawyer and the forum separately

Read the current text

Questions this summary raises

A clearer path to accurate injury-law information.