Do I need a lawyer after a car accident in Illinois?
Every rule below is quoted from Illinois law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Illinois rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Illinois uses modified comparative fault with a 51 percent bar. You can collect money only if your share of fault is 50 percent or less. If your fault is more than 50 percent, you cannot collect anything.
“the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. The plaintiff shall not be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is not more than 50%”
How long you have
- 2 years
- to sue for injuries735 ILCS 5/13-202
- 5 years
- to sue for car or property damage735 ILCS 5/13-205
- 2 years
- for a family to sue after a death740 ILCS 180/2(d)
- 1 year
- to notify the government if a public vehicle or road was involved705 ILCS 505/22-1 (state); 745 ILCS 10/8-101 (local government)
Deadline to sue for injuries
You have 2 years from the crash to sue for your injuries.
“Actions for damages for an injury to the person ... shall be commenced within 2 years next after the cause of action accrued”
If a government vehicle or road was involved
If a state owned vehicle or state road is involved, you must file a written notice with the Illinois Attorney General and the Court of Claims within 1 year of the crash, and the claim itself must also be filed within 1 year. If a city, county or other local government is involved, there is no separate notice step, but the lawsuit itself must be filed within 1 year of the crash.
“Within 1 year from the date that such an injury was received or such a cause of action accrued, any person who is about to commence any action in the Court of Claims against the State of Illinois ... shall file in the office of the Attorney General and also in the office of the Clerk of the Court of Claims”
How injury lawyers charge in Illinois
Contingency fee rules
Illinois has no statute or rule capping the percentage a lawyer can charge in a personal injury contingency fee. The lawyer conduct rule only requires that the fee be reasonable and be put in a signed written agreement, and it bans contingent fees only in divorce cases and criminal defense.
“A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (c) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
You can file a complaint against an insurance company with the Illinois Department of Insurance online through its Help Center, or by mailing or emailing a complaint form.
“Click Here to File a Complaint Online”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.