If you were injured in an accident anywhere in Illinois, you may have the right to file a personal injury claim under the state’s tort laws. These laws determine when another person or business can be held legally responsible for causing harm—and how much compensation you can recover for your medical bills, lost income, and pain and suffering.
At Staver Accident Injury Lawyers, P.C., our Chicago personal injury attorneys know Illinois tort law inside and out. We’ve helped countless victims recover after car accidents, slip and falls, medical malpractice, and other negligence-related injuries. Let our team guide you through the legal process, deal with the insurance companies, and fight for the financial recovery you deserve. Call (312) 236-2900today for a free consultation.
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A “tort” is a civil wrong — a legal term for when someone’s negligent, reckless, or intentional actions cause injury or damage to another person.
Under Illinois tort law, injured individuals have the right to pursue financial compensation for their losses, including medical expenses, lost wages, and pain and suffering.
Illinois tort law is derived from both common law (court-made law) and state statutes, such as:
At its core, Illinois tort law aims to make injured people whole — restoring them financially, emotionally, and physically after harm caused by others.
In addition to the major laws governing personal injury claims, several other Illinois statutes impact how compensation is determined and who can be held responsible:
Illinois tort law rests on several core principles that determine when and how an injured person can recover damages. Understanding these legal concepts helps you see how fault, negligence, and liability are proven in personal injury cases. The most common foundations of tort law in Illinois include negligence, strict liability, and intentional torts, as well as doctrines like comparative fault and vicarious liability.
Most Illinois tort cases are based on negligence — the failure to act with reasonable care under the circumstances. To win compensation, an injured person (the plaintiff) must prove four key elements:
Negligence may appear in different forms: Ordinary negligence involves simple carelessness, while gross negligence reflects reckless disregard for others’ safety. Negligence per se occurs when someone breaks a safety law (such as a traffic statute) designed to protect the public.
In cases where direct evidence is limited, Illinois courts recognize the doctrine of res ipsa loquitur (“the thing speaks for itself”) — allowing juries to infer negligence when an injury could not have occurred without someone’s wrongful act.
Under strict liability, a person or company can be held legally responsible for harm even without proof of negligence. This principle often applies in cases involving defective products, dog attacks, or the sale of inherently dangerous items. In these situations, it’s enough to show that the product or animal caused injury during normal use or interaction — regardless of intent.
Intentional torts involve deliberate acts that cause harm or offense. Unlike negligence, these actions are purposeful and may even lead to both civil and criminal consequences. Common intentional torts in Illinois include:
Victims of intentional torts can recover compensation for physical injuries, emotional suffering, and punitive damages intended to punish the wrongdoer.
Illinois follows a modified comparative negligence rule. Under this statute, an injured person can still recover damages even if they share some responsibility for the accident, as long as they are less than 51% at fault. However, any compensation awarded is reduced by their percentage of fault.
For example, if a jury finds you 20% responsible for a car accident, your total award will be reduced by 20%. This rule promotes fairness and ensures that partially at-fault victims can still receive compensation for their injuries.
Liability refers to the legal obligation to compensate another person for harm caused. Illinois law recognizes several forms of liability depending on the relationship between the parties and the nature of the wrongdoing:
These principles ensure that responsibility is distributed fairly — holding negligent or intentional wrongdoers accountable while allowing injured people to recover the compensation they need to rebuild their lives.
Unsure whether your injury claim falls under negligence, strict liability, or another Illinois tort principle? Contact Staver Accident Injury Lawyers, P.C. for a free case review and learn which laws apply to your situation.
In every Illinois personal injury case, proving causation is one of the most critical and often most challenging elements of a tort claim. It’s not enough to show that someone acted negligently; you must also prove that their conduct actually caused your injuries in a way that the law recognizes. Illinois courts separate causation into two parts: direct cause and proximate cause.
Also known as “but for” causation, direct cause means your injury would not have occurred but for the defendant’s actions. In other words, the negligent act set in motion a chain of events that led directly to your harm.
For example, if a driver runs a red light and collides with your car, the crash — and the resulting injuries — would not have happened but for that driver’s careless decision to ignore the signal. Direct cause establishes the factual connection between the defendant’s conduct and your injury.
Evidence that can help prove direct cause includes:
Proximate cause addresses whether the defendant’s actions are legally close enough to the injury to justify holding them responsible. It prevents people from being held liable for consequences that are too remote, indirect, or unforeseeable.
In simple terms, the proximate cause asks: Was the injury a reasonably foreseeable result of the defendant’s negligence? Illinois courts apply a foreseeability test — meaning liability exists only for harms that a reasonable person could predict might result from their behavior.
For example, if a speeding driver loses control and crashes into another vehicle, it’s foreseeable that the other driver could suffer broken bones or whiplash. But if that same accident indirectly causes a third party to have a heart attack miles away after hearing about it, that injury is too remote to satisfy proximate cause.
To succeed in a personal injury claim under Illinois law, you must prove both direct and proximate cause. Failing to establish either link breaks the chain of liability — even if the defendant was clearly negligent.
Direct cause connects the conduct to the injury in fact; proximate cause limits responsibility to injuries that are reasonably related to the wrongful act. Together, they ensure that victims are compensated only for harms that flow naturally and foreseeably from another’s misconduct.
Illinois courts recognize that causation is rarely black-and-white. Many cases involve multiple contributing factors, such as other drivers, weather conditions, or pre-existing injuries. Judges and juries weigh these facts carefully to decide whether a defendant’s conduct was a substantial factor in producing the injury.
In complex cases — such as medical malpractice, multi-vehicle collisions, or defective product claims — expert witnesses play a key role in explaining how a particular act or omission led to the harm suffered.
There’s a chance your case will go to court—even if you don’t end up going to trial. By partnering with a seasoned Illinois personal injury lawyer, you’ll have all the facts you need about litigation and the full claims process.
There are two main parties in any personal injury lawsuit: the plaintiff and the defendant. The plaintiff is the person who claims to be injured and files the lawsuit. The defendant is the person or business the plaintiff claims is responsible for their injuries. There can be one or more plaintiffs or defendants.
A personal injury claim can take months or years to resolve. There are many steps in the personal injury claim and lawsuit process. Staver Accident Injury Lawyers, P.C. is here to help you from the very beginning to the end.
To win compensation, you have to prove each element of negligence. A lawyer can help you gather enough evidence to show it’s more likely than not that the defendant caused your injuries. We also know how to present the evidence to an insurer or jury as persuasively as possible.
As the plaintiff, you’re responsible for proving the defendant was negligent. The defendant doesn’t have to prove they didn’t cause your injuries.
In a civil personal injury claim, you have to show the defendant was negligent by a preponderance of the evidence. This is a lower standard than beyond a reasonable doubt, which courts use in criminal cases. By a preponderance of the evidence means it’s likely the defendant is responsible. You can think of it as it’s 50% or more likely that your allegations are true.
We can use direct and circumstantial evidence to prove your personal injury case. Direct evidence proves a specific fact is true. Circumstantial evidence asks the judge or jury to presume something is true. Common types of evidence in personal injury claims include physical objects, police reports, photos, video footage, audio recordings, business documents, eyewitness testimony, medical records, expert medical testimony, and other expert testimony.
In general, the value of a personal injury claim is the value of your out-of-pocket expenses and the value of non-economic injuries, like your pain and suffering.
You can receive compensation for past and future:
Because every personal injury case is unique, it’s impossible to compare your case to settlements and jury awards you see online. You need more information. The best way to get a complete picture of the value of your case is to talk with an experienced personal injury attorney in Illinois. Numerous factors can make your claim worth more or less, including an insurance policy limit, the severity of your injuries, and whether you were also careless at the time of the accident.
You may have to go to court because the defendant disagrees that they’re at fault for your injuries and owes you money. As a result, you and your attorney will likely file a lawsuit and use evidence to prove the defendant’s liability. However, other people or businesses can use various legal theories to defend themselves.
Contributory fault in Illinois is any fault of your own that is part of the reason why you were injured. Illinois follows a modified comparative negligence rule when you’re also at fault. Under this rule, you can recover compensation if you’re 50% or less at fault. But if you’re 51% or more responsible, then the law bars you from getting any money.
Depending on where you file the case, the defendant might claim the court lacks subject matter jurisdiction. This would mean the court doesn’t have a right to make a decision about the accident and would dismiss the case.
If there’s a conflict between Illinois and federal laws, then the court has to obey the federal law. This is because of the Supremacy Clause of the U.S. Constitution. This issue often comes up in product liability cases.
If you were hurt on a business’s property or while doing a certain activity, the business might claim you knew there were risks involved and are responsible for your injuries. The business, like a ski resort, gym, or sports stadium, might claim you signed a waiver or agreed to the risk involved in the activity when you bought a ticket and entered the premises. Liability waiver claims are based on a written agreement. But the defendant can claim you assumed the risk of an activity even without a specific form or ticket.
When you’re hurt in an accident, you have to do everything you can to minimize your injuries. This typically means seeing a doctor and following their treatment plan. But if you refuse to see a doctor or follow their advice, and your injuries get worse, the defendant can claim they aren’t responsible because your injuries shouldn’t be so severe.
You can’t claim something in court that contradicts something you said before. If the defendant relied on something you claimed before or a previous decision in another case, they could use any contradictions against you. Res judicata means a final judgment on the merits of the issue bars you from asking a court to decide that issue again. You can’t ask a court to try the same case twice.
In some jurisdictions, there are limits on when one family member can sue another for compensation. But not in Illinois. The state has never recognized intrafamily immunity for torts. It also abolished spousal immunity in the 1980s.
There are time limits on how long you have to file a lawsuit. In Illinois, you have two years from the date of the accident to file a personal injury lawsuit. If you wait too long, the defendant can ask the court to dismiss the case right away.
Navigating Illinois tort law can be overwhelming for injury victims. The legal system involves complex rules, strict deadlines, and powerful insurance companies that are highly motivated to limit payouts. Insurers, corporations, and defense attorneys often try to
deny fault, shift blame, or pressure victims into accepting low settlement offers long before they understand the full value of their claim.
Whether you were injured in a car accident, truck crash, or motorcycle accident, suffered a slip and fall, endured medical malpractice or nursing home abuse, were harmed by a defective product, or lost a loved one to wrongful death, working with an experienced Illinois personal injury attorney can make all the difference in the outcome of your case.
The Illinois tort system is designed to protect victims — but exercising those rights successfully requires knowledge of both legal principles and insurance tactics. An attorney who understands the full range of Illinois tort doctrines — including negligence, comparative fault, causation, and damages — can level the playing field and maximize your recovery.
A skilled personal injury lawyer does more than just file paperwork. Your attorney becomes your advocate, investigator, and negotiator — ensuring every element of your claim is supported by strong evidence and presented persuasively to insurers, judges, or juries.
Studies consistently show that injury victims represented by attorneys recover substantially higher settlements and verdicts than those who go it alone. A knowledgeable Illinois personal injury lawyer ensures that you don’t settle for less than your case is worth — and protects you from signing away your rights under pressure from insurance companies.
Without experienced representation, you risk being blamed unfairly, missing deadlines, or accepting an offer that doesn’t reflect the true cost of your medical care, lost income, or long-term suffering. Having a lawyer on your side restores balance — giving you the power, knowledge, and resources to pursue justice confidently.
At Staver Accident Injury Lawyers, P.C., we know Illinois tort law backward and forward. Our attorneys have decades of experience helping clients navigate negligence, liability, and complex injury claims throughout Chicago and across Illinois. We’ve handled thousands of cases — and recovered millions for accident victims just like you.
From your first consultation to your final settlement, our team fights to protect your rights, handle every detail of your claim, and help you move forward after a serious injury. You don’t pay unless we win. Contact Staver Accident Injury Lawyers, P.C. today for a free consultation.
Illinois recognizes three major types of torts: negligent torts (accidents caused by carelessness), intentional torts (deliberate harm like assault or defamation), and strict liability torts (responsibility without fault, such as defective products or dog attacks). Each type has unique legal standards and proof requirements.
The goal of Illinois tort law is to make injured parties “whole” again by compensating them for their losses. It also serves a public purpose by holding negligent or reckless individuals accountable, deterring unsafe behavior, and promoting fairness in civil society.
Direct cause (cause in fact) asks whether your injury would have occurred “but for” the defendant’s conduct, while proximate cause examines whether your injury was a reasonably foreseeable result of that conduct. Both must be proven in Illinois to establish legal responsibility for your damages.
Vicarious liability means one party is legally responsible for another’s actions. In Illinois, employers can be liable for employees’ negligence under the doctrine of respondeat superior (“let the master answer”). This often applies in commercial vehicle accidents, corporate negligence, or hospital malpractice claims.
Negligence per se applies when a defendant violates a safety statute designed to protect the public and that violation causes the type of harm the law was meant to prevent. Proving a statutory violation can streamline showing breach of duty, though you must still prove causation and damages.
Illinois follows the Joint Tortfeasor Contribution Act (740 ILCS 100/), which allows courts to apportion fault among multiple defendants. Each party is responsible for its share of damages, though certain defendants may still be held jointly liable depending on the facts and type of claim.
Possibly. Government agencies and employees are generally protected by the Illinois Tort Immunity Act (745 ILCS 10/), but there are exceptions for negligence in areas like vehicle operation or unsafe public property. Some claims must be filed through the Illinois Court of Claims Act (705 ILCS 505/) within strict time limits.
You don’t have to go through a personal injury claim on your own. Staver Accident Injury Lawyers, P.C. is here to help. We know Illinois tort law. Let us fight for you. Contact us through our online form or call (312) 236-2900 to set up your free consultation right away.
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Additional Resources
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