For 2025, the core principles of Illinois personal injury law are familiar, but how they are applied—and the challenges you will face—are changing. The aggressive new strategies from insurance companies on the issue of fault, the persistent talk about limiting compensation, and new laws on the books are reshaping what it takes to successfully pursue a claim.
One new law, for example, sets a clearer standard for drivers approaching emergency scenes, creating a powerful tool for proving negligence. At the same time, a bill has been introduced that could radically alter how smaller injury claims are handled, potentially limiting your ability to gather critical evidence.
You are not expected to parse legislative updates or decipher insurance company tactics while trying to heal. A knowledgeable personal injury lawyer understands the nuances of this changing environment and protecting your rights is our focus. You don't have to figure this out on your own.
For a direct conversation about your situation, call us at Abels & Anne, P.C. at (312) 924-7575.
The Most Important Change for 2025: New Protections from Medical Debt
For many people recovering from an injury, the constant stream of medical bills causes as much stress as the physical pain. In 2025, Illinois has enacted powerful new laws to provide real relief on this front.
First, the Illinois legislature passed the Medical Debt Relief Act, which established a state-funded pilot program to buy and forgive medical debt for eligible residents starting January 1, 2025.
More importantly for most personal injury victims, the state passed Senate Bill 2933, which became effective on January 1, 2025. This law amends the Consumer Fraud and Deceptive Business Practices Act and makes it illegal for a consumer reporting agency to report, or even maintain in their files, any adverse information related to medical debt.
This is a game-changer. It means that while you are in the process of a personal injury claim, the hospitals and clinics that treated you cannot use the threat of a negative credit report against you. Your credit score will be shielded from the very medical bills that were caused by someone else's negligence. This protection gives you breathing room and removes a huge source of anxiety, allowing the legal process to play out without the added pressure of watching your credit be destroyed.
The 51% Question: Has Illinois’s Rule on Fault Changed?
Illinois follows a legal doctrine called modified comparative negligence. In plain English, this means you can recover financial compensation for your injuries only if you are found to be 50% or less responsible for the accident. If you are found to be 51% or more at fault, you are barred from recovering anything.
Your compensation is also reduced by your percentage of fault. If a jury finds you have $100,000 in damages but were 10% at fault for the accident, your award is reduced to $90,000.
Has this law changed for 2025? No. Despite what you may see online, the statute itself, 735 ILCS 5/2-1116, remains the same.
So what is the change? It’s not in the law, but in the playbook used to apply it. The new battlefield is digital. Insurance companies are now armed with sophisticated technology, surveillance, and AI, all deployed with one goal: to find any piece of information that can push your share of the blame over that 50% line.
The New Era of High-Tech Scrutiny
This goes far beyond hiring a private investigator to park outside your house. They are now building a digital mosaic of your life, looking for any tile that doesn’t fit the picture of a seriously injured person.
Here’s how they do it:
- AI-Powered Social Media Monitoring: Insurers deploy algorithms that constantly scan social media platforms. They are not just looking for a "gotcha" photo of you on vacation. They are looking for keywords, check-ins, tagged photos, and even comments from friends. A picture of you smiling at a family barbecue can be twisted to argue your pain isn’t severe. A check-in at a restaurant can be used to question your claim of being homebound. One study found that in 42% of disputed insurance claims, social media content was a key reason for denial or a reduced payout.
- Algorithmic Fraud Detection: Some insurers use AI to analyze vast datasets, flagging claims that show certain patterns. While this can identify fraud, it can also misinterpret legitimate claims. The system might flag the fact that you delayed seeking medical care—even if the reason was shock or trying to be tough—as a sign your injuries aren't real.
- Digital Footprint Analysis: They meticulously scour your entire digital life. Your posts on a local forum, your reviews of businesses, your public records—anything that can paint a picture of you that contradicts your medical records. They aren’t looking for one “smoking gun” photo; instead, they’re searching for a string of evidence pointing to a lifestyle inconsistent with your claimed injuries.
Are There Damage Caps in Illinois?
First, it’s helpful to understand the two main types of damages you can pursue in a personal injury claim:
- Economic Damages: These are the tangible, calculable losses from your injury. Think of them as anything you can show with a receipt or a bill. This includes medical expenses (past and future), lost wages, and damage to your property.
- Non-Economic Damages: These are the human losses. They are not easily calculated but are just as real, if not more so. This is compensation for the physical pain, the emotional distress, the loss of enjoyment of life, and the permanent disfigurement or disability that rewrites every aspect of your world.
Some states have passed laws that put a hard ceiling on the amount of non-economic damages an injured person can receive, regardless of how catastrophic their injuries are. So, what is the rule in Illinois?
Illinois does not have a cap on compensatory damages in most personal injury cases.
In 2010, the Illinois Supreme Court, in a case called LeBron v. Gottlieb Memorial Hospital, struck down a law that had placed caps on damages in medical malpractice cases, ruling it was unconstitutional. Since that decision, you have the right to have a jury of your peers determine the full, fair value of your losses, without an arbitrary limit being imposed by law.
The "Tort Reform" Political Noise Machine
While there are no definitive changes—proposed or already enacted—there is talk of “tort reform”. This is the political term for efforts to pass laws that limit personal injury lawsuits, primarily by capping damages or making it harder to prove fault.
- Who is pushing this? Typically, large insurance companies, chambers of commerce, and major corporate lobbies. They consistently propose legislation in Springfield to enact these changes.
- What are they saying? They argue that lawsuits drive up insurance costs and create a bad business climate. Every single year, bills are introduced to cap non-economic damages or change the comparative negligence rules.
- The Result: You will frequently see news articles, press releases, and political ads talking about these discussion. A headline might read, "Illinois Bill Aims to Cap Injury Payouts" or "Business Groups Push for Lawsuit Reform." It's very easy to see that headline and believe a change is imminent or has already happened, when in reality, the bill has very little chance of ever becoming law. For decades, the Illinois legislature and courts have rejected these efforts.
In simple terms: You are hearing the constant lobbying effort and the political debate, which sounds a lot like change is happening. But discussing a bill is a world away from it actually becoming law. If there are any actual changes likely to become law, we’ll be the first ones to know about it.
A New Tool for Proving Negligence: The Strengthened “Move Over” Law
A significant update to the Illinois Vehicle Code, which took effect recently and will be a factor in 2025 cases, is an amendment to what is commonly known as "Scott's Law" or the "Move Over Law."
Public Act 103-0711 amends the law to clarify and strengthen a driver's duties when approaching a stationary emergency or construction vehicle. The law now explicitly requires a driver to:
- Yield the right-of-way by making a lane change, if safe and possible.
- If a lane change is impossible or unsafe, they must reduce their speed to one that is "reasonable and proper" and leave a safe distance until they have passed the scene.
How does this affect your personal injury case?
It provides a powerful new piece of evidence for proving negligence. Negligence, in simple terms, is the failure to act with reasonable care. By setting a clear, specific standard of care, this law makes it much easier to prove that a driver who failed to move over or slow down was acting unreasonably.
If you were injured by a driver who violated this statute—for example, if you were a first responder, a construction worker, or another driver pulled over on the shoulder—their violation of the Move Over Law is strong evidence of their negligence. It's no longer just a matter of general "careful driving." It's a violation of a specific safety statute designed to prevent exactly the kind of harm you suffered. Our job is to use that violation to build the strongest possible case for your compensation.
A Proposed Shake-Up for Smaller Claims: House Bill 3313
Another significant development for 2025 is a piece of proposed legislation that could change how smaller personal injury claims are handled. Illinois House Bill 3313, introduced in early 2025, proposes a radical change to the "discovery" process for certain cases.
What is discovery? It’s the formal, pre-trial process where each side gets to gather evidence from the other. It’s where we send detailed written questions (interrogatories), request documents, and, most importantly, take depositions—which are sworn, out-of-court testimonies from the parties and witnesses. Discovery is how we uncover facts, lock in the other side’s story, and prevent surprises at trial.
HB 3313 proposes that for any personal injury claim where the total damages sought are equal to or less than the minimum auto insurance liability limit in Illinois, no discovery would be allowed. Instead, the parties would simply be required to exchange all documents they intend to use at trial.
What would this mean for you?
On the one hand, it could streamline the process for smaller claims, potentially leading to faster—though not necessarily fairer—resolutions. On the other hand, it could severely limit your ability to prove your case. Without the ability to take a deposition, you can’t force the at-fault driver to answer tough questions under oath about what they were doing just before the crash. You may not be able to uncover evidence that they were texting, for example.
This bill is still pending and has been referred to committee, meaning it is not yet law. However, its proposal signals a potential shift in how the system handles what it deems to be "minor" injuries. It highlights the importance of having a law firm that knows how to build a case with or without formal discovery tools.
Frequently Asked Questions for Illinois Personal Injury Claims in 2025
How will my social media posts affect my case?
Insurance companies will scrutinize your social media accounts. A picture of you at a family barbecue could be used to argue your injuries aren’t as severe as you claim. The best advice is to stop posting on social media altogether while your case is pending. We advise our clients on how to manage their online presence to avoid giving the insurance company ammunition to use against them.
What is the deadline for filing a personal injury lawsuit in Illinois?
In most cases, the statute of limitations for filing a personal injury lawsuit in Illinois is two years from the date of the injury. However, there are exceptions. For example, the deadline can be different if the victim was a minor or if the claim is against a government entity. It is absolutely critical to speak with an attorney long before this deadline approaches.
Is the deadline different if I’m suing the City of Chicago?
Yes, and this is a trap for many people. Claims against most local government entities in Illinois, including the City of Chicago or the CTA, require you to file a formal notice of your claim within one year of the incident. The failure to file this notice on time can completely bar your right to pursue a case, even if the two-year statute of limitations has not yet run.
What happens if the driver who hit me is uninsured or underinsured?
This is a very common problem. If the at-fault driver has no insurance, or not enough insurance to cover your damages, we will look to your own auto insurance policy. The Uninsured/Underinsured Motorist (UM/UIM) coverage on your policy is designed for exactly this situation. We can help you file a claim with your own insurance company to get the compensation you need.
I was hurt in a slip and fall at a store. Does the 51% rule still apply?
Yes. The modified comparative negligence rule applies to almost all personal injury cases in Illinois, including premises liability cases like a slip and fall. The property owner will almost certainly argue that you were not watching where you were going. We work to prove that the dangerous condition—like a wet floor without a warning sign or a broken handrail—was the primary cause of your fall.
Your Case in 2025: Let Us Build Your Foundation
The legal ground may be shifting, but your right to a fair recovery remains. The challenges of 2025—aggressive insurance tactics and evolving laws—are not your problems to solve. They are ours. While you focus on your health and your family, our focus is on building a solid foundation for your case, piece by evidentiary piece.
You don’t have to do this alone. Call Abels & Anne, P.C. today for a straightforward conversation about your rights and your options. The consultation is free, and there is no obligation. Let us help you secure your future. Call (312) 924-7575.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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