Pre-Settlement Lawsuit Loans in Chicago + Illinois

Illinois personal injury cases must be represented by a law firm on a contingency basis. This means the law firm is paid if and when the claim wins. A personal injury lawsuit in Illinois must also involve substantial industry supported by medical records and treatment plans. Finally, plaintiffs should not have any prior pre-settlement funding for the case, and if they do it must not be excessive.

The statute of limitations for personal injury cases in the state of Illinois is two years. This means that parties have two years from the date they sustained the injury to file a lawsuit within Illinois’ civil court system, though in some circumstances the timer may instead begin from the date the injury was discovered. If Illinois residents attempt to file a lawsuit after the two-year window, it is unlikely that the courts will hear the case and all rights to compensation will be lost. The statute of limitations is also two years for parties wishing to sue the state, though a formal claim must be filed within one year.

The state of Illinois does not cap damages in any kind of personal injury case.

Illinois jurisdiction applies the comparative fault doctrine to personal injury cases, which works by assigning a percentage of fault to each party involved in the accident in question. If the plaintiff is in some way responsible for their own injuries, the courts use the state’s modified comparative fault rule to determine overall compensation. A party 90% responsible would have to pay 90% of damages accordingly, but the plaintiff would have 10% of the total deducted if they were found to be 10% at fault for the accident. However, if a plaintiff is at least 50% responsible, they will not be allowed to collect any compensation.

Injured parties do not need to take their case to court if they were involved in an auto accident, and are instead free to settle with the relevant insurance companies.

Unlike some states, Illinois dog owners are ‘strictly liable’ for any injuries caused by their animal. Regardless of the dog’s past behavior, “the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”