The Complete Guide to Personal Injury Claims in Illinois

A straightforward, experience-backed guide from a Chicago firm that has been fighting for injury victims since 1945.

Introduction: Why We Wrote This Guide

If you or someone you love has been seriously injured because of another person’s carelessness, you are probably overwhelmed. Medical bills are stacking up. You might not be able to work. Insurance adjusters are calling. And you have no idea where to start.

We created this guide because we believe information is the first step toward justice. At Phillips Law Offices, we have spent more than 76 years helping injured people in Chicago and throughout Illinois get the compensation they deserve. Our founder, John Phillips, immigrated from Sicily at nine years old, built a life in Chicago, and opened this firm in 1945 with a simple belief: ordinary people deserve extraordinary representation.

Three generations later, that belief has not changed. Our managing partner, Steve Phillips, has been trying cases for more than 41 years. His son Steven J. Phillips, attorney Michael Phillips, and veteran trial lawyers Terry Quinn and Alec Mesrobian round out a team with a combined 60 to 70 years of legal experience.

“We have a combined 60 to 70 years of experience.”

, Steven J. Phillips, Phillips Law Offices

This guide covers the essentials of personal injury law in Illinois, from understanding what negligence actually means, to knowing your rights after a car crash, trucking accident, or construction site injury, to avoiding the mistakes that can destroy your case before it even begins. We link to more detailed articles on each topic so you can dive deeper wherever you need to.

One thing to know upfront: we work on a contingency fee basis. That means you pay nothing unless we win your case. No retainers, no hourly fees, no surprise bills. Our interests are aligned with yours from day one.

Let’s get started.

What Is Personal Injury Law in Illinois?

Personal injury law exists so that when someone’s negligence causes you harm, you have a legal path to hold them accountable and recover compensation for your losses. It is not about getting rich. It is about being made whole, or as close to whole as money can get you, after someone else’s carelessness turns your life upside down.

Negligence: The Foundation of Every Case

Almost every personal injury case in Illinois comes down to one legal concept: negligence. To win, your attorney must prove four things:

  1. Duty of care. The other party had a legal responsibility to act reasonably. Every driver on the road, every property owner, every trucking company has a duty of care to others.
  2. Breach of duty. They failed to live up to that responsibility. They ran a red light. They ignored a building code violation. They let a truck driver work 16-hour shifts.
  3. Causation. That breach directly caused your injuries. There has to be a clear line between what they did wrong and the harm you suffered.
  4. Damages. You suffered real, measurable losses, medical bills, lost income, pain and suffering, diminished quality of life.

If all four elements are present, you have a case. If one is missing, even the best attorney in Chicago cannot win it for you. That is why a thorough investigation at the beginning is so critical.

Illinois-Specific Rules You Need to Know

Illinois has its own set of rules that directly affect your claim:

  • Modified comparative negligence. As of 2023, Illinois follows a modified comparative fault standard. If you are found to be more than 50% at fault for your own injuries, you recover nothing. If you are 50% or less at fault, your compensation is reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, you receive $80,000.
  • Statute of limitations. In most personal injury cases, you have two years from the date of injury to file a lawsuit. Miss that deadline and your case is gone, no exceptions. For wrongful death, the clock is also two years from the date of death.
  • No cap on compensatory damages. Unlike some states, Illinois does not cap the amount of money you can recover in a personal injury case. If a jury determines your injuries are worth $25 million, that is what you can receive.
  • Joint and several liability. When multiple parties are at fault, each can be held responsible for the full amount of your damages, an important factor in trucking and construction accident cases where several companies may share the blame.

Types of Cases We Handle

Personal injury is a broad field. At Phillips Law Offices, we focus on catastrophic injuries, the cases that change lives permanently. That includes:

Each type of case has its own set of challenges, regulations, and strategies. Below, we break down several of the most common categories and what makes each one unique.

Motor Vehicle Accidents in Illinois

Car accidents are the most common type of personal injury case we see. Chicago’s congested expressways, unpredictable weather, and distracted drivers create a recipe for serious collisions every single day. But just because car accidents are common does not mean they are simple. The mistakes people make in the hours and days after a crash can cost them tens or even hundreds of thousands of dollars.

The Biggest Mistakes People Make After an Accident

Here is what we see go wrong over and over again:

  • Not calling the police. A police report is one of the most important documents in your case. Without it, the other driver’s story can change dramatically once their insurance company gets involved.
  • Not documenting the scene. Your phone is your best friend at an accident scene. Photograph everything, the vehicles, the road, traffic signals, skid marks, debris. As Steve Phillips says on our podcast: “Physical evidence doesn’t lie. Dents, skid marks.” Photos preserve that evidence before it disappears.
  • Giving a recorded statement to the other driver’s insurance company. You are under no obligation to do this, and anything you say can and will be used against you. Politely decline until you have spoken with an attorney.
  • Waiting too long to see a doctor. Insurance companies love gaps in treatment. If you wait two weeks to go to the emergency room, they will argue you must not have been that badly hurt.
  • Posting about the accident on social media. We will cover this in more detail below, but for now: do not do it.

What to Do Instead

  1. Call 911 and get a police report filed.
  2. Seek medical attention immediately, even if you feel “fine.” Adrenaline masks serious injuries.
  3. Document the scene with photos and video.
  4. Get the other driver’s insurance information, but do not discuss fault.
  5. Contact your own insurance company to report the accident.
  6. Speak with a personal injury attorney before making any decisions about settlement or recorded statements.

Want to go deeper? Listen to our podcast episode on the biggest mistakes people make after a motor vehicle accident, where Steve and Steven break down each of these in detail with real-world examples.

Trucking Accidents: A Different Beast Entirely

When a fully loaded semi-truck weighing 80,000 pounds collides with a passenger vehicle, the results are almost always catastrophic. Trucking accident cases are among the most complex, and the most important, work we do at Phillips Law Offices.

Why Trucking Cases Are Different

Unlike a regular car accident, trucking cases involve layers of federal regulation, multiple potentially liable parties, and corporate defendants with armies of lawyers and investigators who show up at the crash scene sometimes before the ambulance does.

The Federal Motor Carrier Safety Regulations (FMCSR) govern every aspect of commercial trucking, from how many hours a driver can operate without rest, to how cargo must be loaded, to how often brakes must be inspected. Violations of these regulations can be powerful evidence of negligence.

Multiple Liable Parties

In a trucking case, the at-fault driver is often just the starting point. Liability can extend to:

  • The trucking company that hired and supervised the driver
  • The company that loaded the cargo
  • The maintenance company responsible for inspections
  • The manufacturer of a defective truck part
  • Brokers and shell companies hiding the real parties responsible

That last point is a big one. Steve has seen trucking companies hide behind layers of shell corporations to avoid accountability. In one case, a trucking company created a separate entity to shield itself from a wrongful death claim. Our team peeled back every layer until the real responsible party was exposed, ultimately securing a $4 million settlement for the family.

Read more: Our detailed articles on trucking accidents in Illinois and how trucking companies use shell companies to avoid liability explain these issues in depth.

Construction Accidents in Chicago

Chicago is a city that is always building. Construction cranes dot the skyline from the Loop to the neighborhoods. With that constant activity comes serious risk. Construction consistently ranks among the most dangerous industries in the country, and Illinois is no exception.

OSHA and the “Fatal Four”

The Occupational Safety and Health Administration (OSHA) tracks the leading causes of death on construction sites. Known as the “Fatal Four,” they account for more than half of all construction worker fatalities:

  1. Falls, from scaffolding, ladders, roofs, and unprotected edges
  2. Struck-by incidents, falling objects, swinging equipment, vehicles on site
  3. Electrocutions, contact with power lines, faulty wiring, improperly grounded equipment
  4. Caught-in/between, workers caught in machinery, pinned between equipment, or trapped in collapsing trenches

Who Is Responsible?

Construction sites involve general contractors, subcontractors, property owners, equipment manufacturers, and more. Illinois law allows injured workers to file claims not just through workers’ compensation, but also third-party personal injury lawsuits against parties other than their direct employer. This is critical because workers’ comp alone rarely covers the full cost of a catastrophic construction injury.

For example, if a subcontractor’s failure to secure a scaffold leads to your fall, you may have a claim against that subcontractor, the general contractor who was supposed to oversee safety, and potentially the property owner, all in addition to your workers’ compensation benefits.

Learn more: Our full article on construction accidents in Illinois covers OSHA violations, subcontractor liability, and what to do if you are injured on a job site.

Insurance: What You Need to Know (and What They Won’t Tell You)

Here is something most people do not realize until it is too late: the other driver’s insurance company is not on your side. Their job is to pay you as little as possible, or nothing at all. They are a business, and every dollar they pay you is a dollar off their bottom line.

Uninsured and Underinsured Motorist Coverage

One of the most important, and most overlooked, parts of your own insurance policy is uninsured/underinsured motorist (UM/UIM) coverage. In Illinois, roughly 1 in 7 drivers is uninsured. Many more carry only the state minimum of $25,000 per person. If you are hit by one of these drivers and suffer a serious injury, where does the money come from?

The answer is your own UM/UIM coverage. This is coverage you pay for specifically to protect yourself when the at-fault party cannot. We strongly recommend Illinois drivers carry at least $250,000 in UM/UIM coverage. It is surprisingly affordable and it could be the difference between financial recovery and financial ruin.

Contact Your Own Insurance Company First

After an accident, many people make the mistake of only dealing with the other driver’s insurance. But you should contact your own carrier too. Your policy may provide medical payment coverage, rental car reimbursement, and the UM/UIM coverage we just discussed. Your own company has a contractual obligation to you. Use it.

For the full breakdown: Read our detailed guide on insurance mistakes people make after an accident, including what to say (and what not to say) when you call.

Social Media and Your Injury Case

We cannot stress this enough: if you have a personal injury claim, stay off social media. Or at the very least, do not post anything related to your accident, your injuries, or your daily activities.

Insurance companies and defense attorneys routinely monitor plaintiffs’ social media accounts. A photo of you at a family barbecue can be used to argue you are not really in pain. A check-in at a gym can undermine your claim that you cannot exercise. Even an innocent “feeling blessed” post can be twisted to suggest you are not suffering.

This is not hypothetical. We have seen it happen in real cases. Our advice is straightforward:

  • Do not post about your accident or injuries.
  • Do not post photos or videos of yourself doing physical activities.
  • Set all accounts to private.
  • Do not accept friend requests from people you do not know.
  • Tell family members not to tag you in posts.
  • When in doubt, do not post.

Read the full article: How social media can destroy your personal injury case.

Myths About Personal Injury Law

There is a lot of misinformation out there about personal injury claims. Some of it comes from insurance industry marketing. Some of it comes from pop culture. All of it can hurt you if you believe it. Let’s clear up a few of the biggest myths.

Myth #1: “Personal injury lawsuits are frivolous”

This is perhaps the most damaging myth of all, and the data proves it wrong. As Steven Phillips points out:

“Civil lawsuits are down by almost 51% in the state of Illinois in the last 10 years.”

, Steven J. Phillips

People are not running to courthouses to file baseless lawsuits. The opposite is true. Many seriously injured people never file a claim at all because they believe the myth that they will be seen as litigious. The reality is that the court system has built-in safeguards against frivolous claims, and judges dismiss them regularly.

Myth #2: “You can settle a serious case quickly”

Insurance companies love quick settlements because quick settlements are cheap settlements. If you accept a lowball offer before you fully understand the extent of your injuries, you cannot go back and ask for more. Steve Phillips is direct about this:

“If anybody told you the value of your case right now, they’d be lying.”

, Steve Phillips

Until you have reached maximum medical improvement, the point where your doctors can say your condition is as good as it is going to get, no one honestly knows what your case is worth. A good attorney will tell you that upfront.

Myth #3: “Any lawyer can handle a personal injury case”

Personal injury law is a specialty. The attorney who handled your real estate closing or your divorce is probably not equipped to take on a trucking company backed by a multimillion-dollar insurance policy. Catastrophic injury cases require specific knowledge of medicine, engineering, federal regulations, and trial strategy. Experience matters, and we will explain why in the next section.

Want the full myth-busting list? Check out our complete article on personal injury myths debunked.

Why Experience Matters: The Phillips Law Offices Difference

You might be wondering what sets one personal injury firm apart from another. In a city like Chicago, you cannot drive down the Kennedy Expressway without seeing a dozen billboard lawyers. So why Phillips Law Offices?

The answer comes down to three things: persistence, preparation, and the willingness to go to trial.

We Do Not Back Down

Insurance companies know which law firms will fold under pressure and which ones will take a case all the way to a jury verdict. We are in the second category, and defense lawyers know it. That reputation is not built overnight. It is built over 76 years of trying cases.

“Be persistent, be dedicated, and have some guts.”

, Steve Phillips

That is not a slogan. It is how Steve has practiced law for four decades, and it is the standard every attorney at our firm is held to.

Real Cases, Real Results

Let us give you a few examples of what persistence looks like in practice.

The $25 Million Indiana Verdict. A tow truck operator was killed while working on the side of a highway when a negligent driver struck him. The insurance company offered far less than the case was worth, banking on the idea that we would settle quietly. Steve was not having it. As he put it during the trial: “Don’t try and cheat this lady”, referring to the victim’s widow. The jury agreed. They returned a verdict of $25 million, one of the largest in Indiana history for that type of case.

The $10 Million Roadside Death Settlement. Another case involving a death on the side of the road. Through meticulous investigation and refusal to accept an inadequate offer, we secured a $10 million settlement for the family, enough to provide for the victim’s children for years to come.

The $4 Million Shell Company Trucking Case. A trucking company tried to hide behind a web of shell corporations to limit its liability after a fatal crash. Our team dug into corporate records, identified the real owners, and held them accountable. The result: a $4 million settlement that the family was told by another firm was “impossible” to get.

Our Approach

Every case that comes through our doors at 161 N Clark Street gets the same treatment:

  • Thorough investigation from day one. We secure evidence, interview witnesses, and bring in experts before the other side has a chance to make things disappear.
  • Honest assessment. We will tell you the truth about your case, the strengths and the weaknesses. We would rather you hear it from us first than be blindsided later.
  • Full preparation for trial. Even cases that settle are prepared as if they are going to trial. Insurance companies can smell an unprepared attorney, and they adjust their offers accordingly.
  • No fee unless we win. Our contingency fee structure means we invest our own time and resources into your case. If we do not recover compensation for you, you owe us nothing.

We are also a family firm, which means you are not handed off to a paralegal and forgotten. When you call Phillips Law Offices, you talk to an attorney. Our podcast, “Navigating Negligence,” is an extension of that philosophy, Steve and Steven sharing the same advice with thousands of listeners that they would give to a client sitting across the desk.

Frequently Asked Questions

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

In most cases, you have two years from the date of injury. For wrongful death claims, the statute of limitations is two years from the date of death. There are limited exceptions, for example, if the injured person is a minor, but you should never wait to consult with an attorney. Evidence disappears, memories fade, and witnesses become harder to locate as time passes.

How much is my personal injury case worth?

Honestly? No one can tell you that at the beginning. As Steve Phillips says, “If anybody told you the value of your case right now, they’d be lying.” The value depends on the severity of your injuries, the cost of your medical treatment, your lost wages, the impact on your daily life, and many other factors that only become clear over time. Be wary of any attorney who quotes you a number before reviewing your medical records.

What if I was partially at fault for my accident?

Under Illinois’ modified comparative negligence law, you can still recover damages as long as you are 50% or less at fault. Your total compensation will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you are barred from recovery entirely. This is why having an experienced attorney who can present the evidence in the strongest possible light is so important.

Should I accept the insurance company’s first settlement offer?

Almost never. The first offer is almost always a lowball, the insurance company is hoping you are desperate enough or uninformed enough to take it. Once you accept a settlement and sign a release, you cannot go back for more money, even if your injuries turn out to be far worse than you initially thought. Talk to an attorney before signing anything.

Do I really need an attorney, or can I handle the claim myself?

For a minor fender-bender with no real injuries, you can probably handle the insurance claim on your own. But if you have suffered any significant injury, broken bones, herniated discs, head trauma, surgery, or anything requiring ongoing treatment, you need an attorney. Studies consistently show that injured people who hire attorneys recover significantly more compensation than those who do not, even after attorney fees. More importantly, an experienced attorney knows the traps insurance companies set and how to avoid them.

How much does it cost to hire Phillips Law Offices?

Nothing upfront. We work on a contingency fee basis, which means we only get paid if we win your case. There are no retainers, no hourly bills, and no hidden costs. Our fee comes as a percentage of the recovery we obtain for you. If we do not win, you owe us nothing.

Next Steps: Talk to Us

If you or a loved one has been seriously injured due to someone else’s negligence, we are here to help. A conversation costs you nothing and commits you to nothing, but it could change the trajectory of your case.

Call Phillips Law Offices at (312) 598-0917 or visit our office at 161 N Clark St, Chicago, IL 60601. You can also listen to our podcast, “Navigating Negligence,” wherever you get your podcasts, for more practical advice from Steve and Steven Phillips.

We have been fighting for injured people in Chicago since 1945. If your case has merit, we will tell you. If it does not, we will tell you that too. Either way, you will walk away knowing exactly where you stand.

This guide is provided for informational purposes only and does not constitute legal advice. Every case is different. Contact Phillips Law Offices for a free consultation to discuss the specific facts of your situation.

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