Personal injury litigation is subject to different regulations in every state. To bring a case in Illinois it is very important that you consult an experienced Illinois personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
In Illinois you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Illinois follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiffs negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover any damages.
Illinois personal injury law follows a hybrid doctrine of joint and several liability when determining liability between defendants. Joint liability holds all defendants responsible for the full amount of the damages. Under Illinois liability law, joint liability allows a plaintiff to recover the full damages from any liable defendant. A defendant can take action against other defendants to cover damages paid to the plaintiff.
In medical malpractice cases non-economic damages cannot exceed $500,000 per doctor or $1,000,000 per hospital. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
The Illinois state supreme court found a limit on punitive damages unconstitutional in 1997.
In Illinois you have two years to file a personal injury lawsuit under the state's statute of limitation.
If you are considering pursuing a claim in Illinois you need the counsel of a personal injury attorney who understands the nuances of Illinois law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.