Frequently Asked Questions

In Illinois, the general statute of limitations for personal injury actions is two (2) years from the date of the injury.  If you miss that deadline, a court will likely dismiss your case as untimely.

There are important exceptions and variations:

• In cases against governmental entities (such as a municipality or public agency), special notice requirements may apply, and there can be shorter deadlines.
• In cases where the discovery of injury was delayed (for example, latent injuries or exposure cases), the clock begins to run at the time of discovery.
• For minors and persons with mental disability, the deadline may be paused under certain conditions.

Because these rules are technical and fact-dependent, it is important to consult legal counsel early, before the deadline expires.

You can recover either or both economic and non-economic damages.

• Economic damages: These encompass out-of-pocket losses, including medical bills, rehabilitation or therapy costs, lost wages, loss of future earning capacity, and property damage.
• Non-economic damages: These refer to compensation for pain and suffering, emotional distress, loss of enjoyment of life, and in some cases, disfigurement or permanent impairment.

In wrongful death cases, funeral expenses, loss of companionship, and loss of financial support may also be recoverable.

Generally, Illinois does not allow punitive damages (to punish the defendant) in ordinary negligence cases. Punitive damages are only permitted in limited circumstances, such as certain intentional or willful misconduct.

Illinois follows a modified comparative fault rule (also called the 51% rule). Under this rule, you may still recover damages so long as your share of fault is less than 50%.

If you are found partially at fault, the  damages you can recover would be reduced by your percentage of fault. For example, you are 30% at fault. In that case, you receive 70% of what you would otherwise get.

If a court or jury finds that you were 50% or more at fault, you will likely be barred from recovering anything.

Because fault allocation can be contested, gathering strong evidence and legal advocacy are important in such cases.

To build a persuasive personal injury claim, the injured party generally needs to prove the following:

1. Liability (that the other party was negligent or at fault),
2. Causation (that the other party’s conduct caused your injury), and
3. Damages (that you suffered losses as a result).

The common types of evidence include:

• Accident reports, such as police reports or crash scene reports
• Photographs or videos of the scene, vehicles, hazardous conditions, road signs, or other relevant physical evidence 
• Eyewitness statements, including their contact information and testimony
• Expert testimony or reconstruction, especially in complex vehicle collisions, product defect, or catastrophic injury cases
• Medical records, bills, and treatment history, including future care estimates
• Employment records or wage documentation to prove lost income or reduced earning capacity

Because each case differs, gathering evidence promptly while recollections and physical evidence are fresh is often critical to a strong claim.

You are not legally required to have an attorney. Still, so many injured parties choose legal representation because the process can involve complex procedural rules, negotiation with insurance companies, litigation risks, and technical liability issues.

Personal injury lawyers, such as Furqan Mohammad, frequently work on a contingency fee basis, meaning they are paid a percentage of the recovery (if successful). The client typically does not pay attorney fees out of pocket if the case is unsuccessful, unless the parties have agreed otherwise in writing.

Before hiring, you should ask us to explain:

• The percentage (or sliding scale) of our fee
• Whether we advance case expenses (e.g., expert reports, filing costs), and how those will be repaid
• How we communicate with you and keep you informed
• Our experience with your type of case (e.g., auto, wrongful death, product liability)

Having an attorney does not guarantee success, but an experienced lawyer can help you navigate deadlines, preserve evidence, address liability disputes, and push back against insurance company tactics.