So, if your damages are $30,000, they decrease by 30 percent or $10,000. Since you crossed the street from behind a parked car, the jury decides you are 30 percent at fault. For example, let’s say you were in a car-pedestrian accident. If a judge or jury attributes less than 50 percent fault to you, then your damages decrease by your percentage of fault. You can’t recover damages if you are more than 50 percent at fault for your injury. Illinois uses a modified comparative negligence standard when assessing fault. See an attorney who focuses on this legal area if you believe you have a claim. Medical malpractice is especially tricky to calculate the statute of limitations. However, the maximum allowed is four years from the date of the treatment, procedure or consultation that caused the injury. ![]() Medical malpractice: The statute of limitations for medical malpractice is two years from the day you discovered or should have discovered your injury.So, if you sustained injuries in an accident on January 14, 2022, you must file by January 14, 2024. Personal injury: You have two years from the date of your injury to file a lawsuit.For personal injury claims, the deadlines in Illinois are as follows: Statute of LimitationsĪ statute of limitations indicates how long you have to file a lawsuit. Here is a summary of the laws you need to know. Illinois laws affect your personal injury claim, including when to file it and how to assess damages if you had some fault in an accident.
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