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Tort reform
Modified (51% bar)2-year ordinary injury clock

Illinois (no cap in force)

Caps keep getting passed and then dying in the courts. Confirm current status. Do not trust a 2005 number.

Last checked Aug 31, 2026 · LawyerUnc editorial. Educational only, not legal advice.

If you share blame
If you are more than 50% at fault, you recover nothing. At 50% or less, your recovery is cut by your share of blame.
Ordinary injury time limit
2 years. 735 ILCS 5/13-202. Tolling, discovery rules, and other claim types can change that. Use the time-limit tool, then have a lawyer confirm the subsection.
Caps on pain and suffering
Prior noneconomic caps were struck down as unconstitutional. There is no general PI cap in force.

What that actually means

Illinois is a reminder that a cap on a bill is not a cap on the books. The Supreme Court of Illinois has killed noneconomic caps more than once.

Ordinary injury clock is two years. The 51% bar applies. Cook County practice is its own climate.

How long do I have to file? · Start here