Personal Injury Information Center
What is personal injury?
When it comes to tort claims, liability and damages are two sides of the same coin. Liability can be an intentional act, negligence, or strict liability. Damages refers to the resulting physical, emotional, or financial loss suffered as a result of the liability. These principles form the foundation for all personal injury lawsuits.
What is the time limit for filing a lawsuit?
According to 735 ILCS 5/13-202, the civil statute of limitation for injuries to a person in Illinois is two years. The two years may start from the date of injury, date of diagnosis, or vary if the case has a criminal component.
What are “damages” and how are they calculated?
Damages refers to the sum of money awarded to the plaintiff as a result of a personal injury lawsuit. It is a remedy in tort law offered to the harmed party. In Illinois, there are no caps on damages. The law allows for “fair and just compensation” for the harmed party in the form of economic, noneconomic, and punitive damages. Damages are assessed by taking into account medical expenses, disfigurement, disability, loss of normal life, likelihood of future harm, and more.
Will my case go to trial?
More than 90% of defendants plead guilty instead of taking their case to trial, while 97% of civil cases are settled rather than going to trial. In the decade between 1992 and 2001, the number of civil cases tried in court dropped from 22,451 to 11,908. Statistically, the odds are in the favor of the settlement table, but our team of trial lawyers frequently litigates personal injury cases at trial.
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