Illinois vs Arizona: Key Differences in Personal Injury Law

Both Illinois and Arizona give you 2 years from the date of your injury to file a personal injury lawsuit. Miss this deadline, and you lose your right to sue, regardless of how strong your case is.

This is one of the biggest differences between the two states. Illinois (Modified Comparative Negligence): You can recover damages only if you are less than 51% at fault. If you are 51% or more at fault, you recover nothing. Your compensation is reduced by your percentage of fault. Arizona (Pure Comparative Negligence): You can recover damages even if you are 99% at fault. Your compensation is simply reduced by your percentage of fault. This is more favorable to plaintiffs.

Neither Illinois nor Arizona has caps on compensatory damages in personal injury cases. However, both states have restrictions on punitive damages.

Medical lien laws, which allow healthcare providers to claim a portion of your settlement, differ between states. Arizona has more favorable lien reduction laws for plaintiffs.

If the accident occurred in one state, that state's laws typically apply. However, if you have connections to both states, an experienced attorney can help determine which jurisdiction is more favorable for your case. Have questions about your specific situation? Call me at (855) 444-5227 for a free consultation.