Practice Area · Illinois

Chicago car accident lawyer.

If you were injured in a car crash anywhere in Chicago or Cook County, an Illinois personal injury attorney can pursue the full value of your claim — medical bills, lost wages, pain and suffering, and property damage — under Illinois law. We are the editorial team behind the Chicago Accident Encyclopedia, and we represent the people injured in the crashes we write about. No fee unless we win. Free consultation, 24/7.

Practice: Car & auto collisions Coverage: Chicago, Cook, DuPage, Lake, Will, Kane, McHenry Fee: Contingency — no win, no fee Phone: (312) 278-3625
2-YearIL filing deadline
51%Comparative fault bar
$25KMinimum IL coverage
24/7Free consultation
The Claim

What an Illinois car accident claim is worth.

A car accident claim is a civil demand for compensation against the at-fault driver and their insurance carrier. Illinois is a fault-based (tort) state, which means the driver who caused the crash is financially responsible for the harm. You generally recover from the at-fault driver's liability policy — and, when that coverage runs out, from your own uninsured/underinsured motorist coverage.

A complete recovery presses every category Illinois law allows:

  • Medical expenses — emergency care, surgery, imaging, prescriptions, physical therapy, and reasonably certain future treatment.
  • Lost wages and earning capacity — time missed from work and any long-term reduction in your ability to earn.
  • Pain and suffering — physical pain, emotional distress, and loss of normal life. Illinois does not cap these damages.
  • Property damage — vehicle repair, total-loss value, diminished value, rental, and towing.
Illinois Law

Three rules that decide your case.

The 2-year deadline

Under 735 ILCS 5/13-202, an Illinois personal injury lawsuit must be filed within two years of the crash. Claims against government entities (the City of Chicago, Cook County, the CTA) follow a shorter one-year deadline under the Tort Immunity Act, sometimes with a notice requirement even sooner. Miss the deadline and the claim is permanently barred.

The 51% bar

Illinois uses modified comparative negligence under 735 ILCS 5/2-1116. If you are more than 50% at fault, you recover nothing. If you are 50% or less, your recovery is reduced by your fault percentage. A $100,000 verdict with 20% plaintiff fault becomes $80,000. This is why adjusters fight so hard to shift blame onto you.

Insurance minimums and UM/UIM

Every Illinois driver must carry at least $25,000 per person / $50,000 per accident in bodily injury liability and $20,000 property damage under 625 ILCS 5/7-203, plus uninsured motorist coverage under 215 ILCS 5/143a. When the at-fault driver carries only the minimum, your own UM/UIM coverage often becomes the real source of recovery.

Primary statutes referenced

735 ILCS 5/13-202 · Two-year personal injury statute of limitations.

735 ILCS 5/2-1116 · Modified comparative fault, 51% bar.

625 ILCS 5/7-203 · Mandatory minimum auto liability coverage.

215 ILCS 5/143a · Uninsured motorist coverage requirement.

The First 72 Hours

What to do after a Chicago crash.

  1. Call 911 and get medical attention. Adrenaline masks injuries. Concussion, internal bleeding, and soft-tissue damage can take hours or days to surface.
  2. Get a police crash report. Illinois requires a report for any crash with injury or over $1,500 in damage. Chicago Police assign an RD number you will need later.
  3. Photograph everything. Vehicle damage, plates, the scene, signals, skid marks, and visible injuries.
  4. Collect witness contact info. Independent witnesses are the single most valuable evidence in a disputed-fault case.
  5. Notify your own insurer — carefully. Report the basic facts. Do not give a recorded statement or speculate about fault.
  6. Do not talk to the other driver's insurer. You have no obligation to give them a recorded statement. Refer them to your attorney.
  7. Call a lawyer before you sign anything. A release or medical authorization can permanently bar future claims.
The #1 mistake

Giving a recorded statement to the at-fault driver's insurance company in the first 48 hours. Adjusters are trained to ask questions designed to minimize your claim before your symptoms have fully developed. You are never required to give that statement.

FAQ

Chicago car accident questions, answered.

How much does a Chicago car accident lawyer cost?

Nothing up front and nothing unless we win. We work on contingency — our fee comes out of the recovery only if there is one. The percentage is set out in writing before you sign.

How long do I have to file?

Two years from the crash under 735 ILCS 5/13-202. Government-entity claims (CTA, City, County) can be as short as one year. Do not assume you have the full two years.

What if the other driver was uninsured or fled?

Your own uninsured motorist coverage under 215 ILCS 5/143a becomes the recovery source. Hit-and-run crashes trigger UM the same way an uninsured driver does.

Should I accept the first settlement offer?

Almost never. First offers are designed to close the case before you know the full extent of your injuries. Once you sign a release, you cannot reopen the claim.

What if I was partly at fault?

You can still recover as long as you are 50% or less at fault. Your award is reduced by your percentage. Being partly at fault does not automatically end your case.

Educational purposes only. This page is general legal information about Illinois car accident law, not legal advice for any specific situation. Every case is fact-specific. If you have questions about your case and would like to hire a lawyer, call (312) 278-3625 for a free consultation.
Related References

Go deeper in the encyclopedia.

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Hit in Chicago? Call before you sign anything.

The insurance adjuster wants you to settle fast and cheap. Talk to a Chicago car accident lawyer who knows Illinois personal injury law and the Cook County courts. The first call is free. The wrong signature is permanent.

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