Frequently Asked Questions in Illinois

If you’ve been injured in an accident in IllinoisResources for Victims and Families of Accidents in Illinois, you’re likely dealing with a lot of uncertainty. From medical bills to legal paperwork, the aftermath of a crash can be confusing and stressful. Whether the incident occurred in downtown Chicago or a rural part of the state, it’s important to understand your rights and the steps you should take next. This FAQ guide answers the most common questions accident victims and their families ask in Illinois.

How long do I have to file a personal injury lawsuit in Illinois?

In Illinois, you have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you could lose your chance to recover compensation. Certain situations, such as cases involving minors, may allow for additional time. It’s important to consult a personal injury attorney early so you don’t run out of time.

What should I do right after an accident in Illinois?

First, make sure everyone is safe and call 911. Collect contact and insurance information from everyone involved, take photos of the scene, and look for witnesses. Even if injuries seem minor, seek medical care as soon as possible. Reporting the incident and getting legal advice early can help protect your rights.

Is it required to report a car crash in Illinois?

Yes. Illinois law requires you to report any accident involving injury, death, or property damage over $1,500. The police will usually file the report if they respond to the scene. If no officer arrives, you must file a crash report with the Illinois Department of Transportation within 10 days.

Can I still recover compensation if I was partly at fault?

Yes. Illinois follows a modified comparative negligence rule. You can recover damages as long as you are less than 50 percent at fault. However, your compensation will be reduced in proportion to your percentage of fault.

What types of compensation can I receive in a personal injury claim?

You may be eligible to recover damages for medical expenses, lost income, pain and suffering, and property damage. In serious injury cases, you might also claim compensation for long-term care and future wage loss. In some cases, punitive damages may be awarded for reckless or intentional conduct. Every case is different, so the total amount will depend on the specific facts.

How do I get a copy of my Illinois crash report?

Crash reports are available through the Illinois State Police or the local law enforcement agency that responded to your accident. You’ll need to provide information such as the crash date, location, and the names of people involved. Request forms and instructions are available at https://isp.illinois.gov. There may be a small fee to obtain the report.

What if my loved one dies in a crash?

If a family member is killed in an accident due to someone else’s negligence, certain relatives can file a wrongful death claim in Illinois. This includes compensation for funeral costs, emotional suffering, and loss of financial support. The lawsuit must usually be filed within two years of the death. It’s important to act quickly to preserve your legal rights.

What should I do if the other driver doesn’t have insurance?

If the at-fault driver has no insurance, you may be able to use your own uninsured motorist coverage. This can help cover medical expenses and other losses. You also have the option to sue the uninsured driver, but it may be hard to collect if they don’t have assets. Insurance companies must offer UM coverage in Illinois, so check your policy.

Are there any support programs for accident victims in Illinois?

Yes. You may be eligible for state programs like Medicaid, SNAP, or temporary disability benefits. If your injuries were caused by a criminal act, the Illinois Crime Victim Compensation Program may help cover medical bills and counseling costs. These resources can provide some relief while you recover or wait for a settlement.

Should I accept the insurance company’s first offer?

In most cases, no. Insurance companies often try to settle quickly and for less than what your case is worth. Accepting a settlement too early could leave you without the money you need for long-term care or lost income. A personal injury attorney can help evaluate the offer and negotiate for a better outcome.

Can I sue a city or government agency in Illinois?

Yes, but claims against the government have special rules. You must file a formal notice with the appropriate agency within one year of the injury. There are also damage limits and procedural requirements that do not apply to private lawsuits. An attorney experienced in government claims can help you navigate the process.

What if I was injured on the job?

If your injury happened at work, you may be eligible for workers’ compensation benefits. These include medical treatment, wage replacement, and permanent disability payments. You must notify your employer as soon as possible and file a claim through the Illinois Workers’ Compensation Commission. You may also have a personal injury claim if someone other than your employer caused the accident.

How long does a personal injury case take in Illinois?

Some cases settle within a few months, while others may take a year or longer. The timeline depends on the severity of your injuries, how long you need treatment, and whether a lawsuit is filed. If the case goes to trial, it may take additional time. Your attorney can give you a more accurate estimate after reviewing your situation.

Do I need a lawyer to handle a personal injury claim in Illinois?

You can file a claim without a lawyer, but having one often increases your chances of success. A lawyer can handle paperwork, gather evidence, and negotiate with insurance companies on your behalf. Most personal injury attorneys in Illinois work on a contingency basis, so you don’t pay unless they win your case.