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Construction Accident Settlements in Illinois

If you have been involved in a construction accident in Illinois, understanding how the state's personal injury laws affect your claim is essential. Illinois follows the modified comparative fault (51% bar) system, and you have 2 years from the date of your injury to file a lawsuit.

Construction Accident Settlement Range in Illinois

Nationally, construction accident settlements range from $15,000 to $400,000. In Illinois, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.

Low

$15,000

Estimated

$60,000

High

$400,000

How Illinois Law Affects Your Construction Accident Claim

Illinois uses a modified comparative fault system with a 51% bar, barring recovery when the plaintiff is more than 50% at fault. The Illinois Supreme Court struck down statutory caps on non-economic damages as unconstitutional, leaving Illinois without damage caps in personal injury cases. Cook County (Chicago) is one of the most plaintiff-friendly jurisdictions in the country, often yielding substantial jury verdicts.

Under Illinois's modified comparative fault (51% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 51% or more.

Factors Affecting Construction Accident Claims in Illinois

  • OSHA safety violation documentation
  • Third-party contractor or subcontractor negligence
  • Scaffold, ladder, and fall protection compliance
  • Equipment maintenance and defect history
  • Property owner's duty to maintain safe conditions
  • Severity and permanence of disabilities
  • Workers' compensation lien offset on recovery

Common Construction Accident Injuries

Falls from scaffolding, ladders, and roofsTraumatic brain injuries from falling objectsElectrocution and electrical burnsCrush injuries from heavy equipmentSpinal cord injuries and paralysisAmputations from machineryRespiratory illness from dust and chemical exposure

Relevant Illinois Statutes

  • 735 Ill. Comp. Stat. 5/13-202 (statute of limitations)
  • 735 Ill. Comp. Stat. 5/2-1116 (modified comparative fault, 51% bar)
  • 510 Ill. Comp. Stat. 5/16 (dog bite strict liability)

Construction Accident Claims in Illinois Cities

If your construction accident occurred in Chicago, Aurora, Joliet, Naperville, Rockford, or anywhere else in Illinois, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.

This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.