What Constitutes Personal Injury in Chicago?

In Chicago, a personal injury occurs when someone is harmed because another person failed to act with reasonable care. These injuries often result from everyday situations, such as traffic accidents, unsafe property conditions, medical errors, workplace incidents, or neglect in care facilities, but they also share a common thread: the harm was preventable.

What to Do Immediately After Sustaining an Injury in Chicago

After an injury, the actions taken early on can affect both recovery and any potential personal injury claim. While every situation is different, consider doing the following: Seeking medical attention, even if injuries do not seem serious at first, since some symptoms take time to appear Keeping medical records and documentation related to the injury and any follow-up care Taking photos of the scene, injuries, or conditions involved, when possible Gathering contact information from witnesses or others who may have seen what happened Holding onto incident reports, receipts, or other records connected to the event Being cautious about providing detailed statements to insurance companies or other parties before understanding the full impact of the injury These steps can help protect your health and preserve important information that may be critical when filing a personal injury claim later.

What if I’m Partially at Fault for My Injury?

Illinois follows a “modified comparative negligence” rule to determine fault or shared responsibility in personal injury cases. Under this rule, you cannot recover compensation for your damages if the court decides you’re more than 50 percent responsible for the accident. You can recover damages if you are 50 percent or less at fault. However, your compensation will be reduced in proportion to your share of the fault.

How Long Do I Have to File a Personal Injury Case in Chicago?

The deadline for filing a personal lawsuit in Chicago can vary, depending on the nature of the case and the circumstances. If you’ve been injured, we encourage you to contact a Chicago personal injury attorney as soon as possible so they can help you meet the relevant deadlines. The statute of limitations for a personal injury claim in Illinois is generally two years.

What Compensation Am I Entitled to for a Personal Injury?

Under Illinois law, injury victims can receive both economic and non-economic damages in personal injury cases. Monetary damages are actual, measurable financial losses you’ve incurred because of your injuries. Non-economic damages are types of harm, such as pain and suffering, that don’t have a specific dollar amount assigned to them.

When Should You Hire a Personal Injury Attorney?

It’s always best to seek representation immediately after suffering an injury. Evidence will become less reliable and harder to find the longer you wait, potentially weakening your case. Our Chicago personal injury attorneys are available today for a free case evaluation.

What Is a Personal Injury Claim?

A personal injury claim is a demand for compensation made by someone harmed by another’s negligence. If the responsible party or their insurance company refuses to agree to a fair settlement, an injury victim can file a lawsuit to pursue their claim in court.

How Do I Know How Much My Case Is Worth?

Every personal injury case has a different value based on the unique circumstances involved. Factors like the nature and extent of your injuries, the type of accident, the extent of the defendant’s wrongdoing, the strength of the evidence, the impacts on the victim’s life, and who was responsible can all influence the size of your potential award.

How Long Will My Personal Injury Case Take?

Every case is unique and so are the timelines. Depending on the situation and the complexity of the details, your personal injury case can take anywhere from a few months to more than a year to resolve. Our Chicago personal injury lawyers can analyze your case and estimate how long it might take.

What Is the Process of Filing a Claim for Injuries?

First, your attorney will build a strong case by investigating and gathering evidence, such as medical records, bills, photographs, video, police reports, and other relevant information. They will then notify the responsible party and their insurance company and begin settlement negotiations.

Do I Have to Go to Court to Settle an Illinois Personal Injury Claim?

If the insurance company refuses to agree to a fair settlement, your attorney may take your case to court to fight for the compensation you deserve. Most resolve before trial, but our attorneys aren’t afraid to fight for you in court if necessary.

How Much Does it Cost to Hire a Personal Injury Lawyer in Chicago?

Hiring our Chicago personal injury attorneys doesn’t cost anything upfront. We work on a contingency fee basis, meaning we get paid a percentage of your award. You won’t owe us anything unless and until we win your case.

Does Illinois Have Caps on the Amount of Damages Received in Personal Injury Claims?

Illinois currently has no laws imposing damage caps on personal injury compensation. In 2005, Illinois did set a limit on non-economic damages. However, the Illinois Supreme Court overturned that law in 2010, ruling it was unconstitutional. The Court ruled that decisions regarding damages should be the purview of judges and juries.

Birth Injury Publications 2026

Levin & Perconti has established itself as a national leader in birth injury litigation through decades of rigorous legal research, educational contributions, and advocacy. Our team has authored and contributed to over 51 external publications spanning three decades, covering critical topics in birth injury law including cerebral palsy causation, electronic fetal monitoring standards, obstetrical negligence, and neonatal encephalopathy. These publications featured in leading legal journals, Trial Magazines, and professional association newsletters reflect our commitment to advancing the field of birth injury litigation and ensuring that families affected by preventable birth injuries have access to the most knowledgeable legal representation.

Home | Chicago Birth Injury Lawyer | Birth Injury Publications 2026

Law Review & Journal Articles

“Placental Pathology 2023: Understanding the Clinical Significance of Gross & Microscopic Findings”

Publication: Birth Trauma Litigation Group Journal
Date: Winter 2023
Link: https://www.justice.org/

“Expediting Delivery of Infants with Category II (Indeterminate) FHR Tracings That Are Close To – But Not Quite – Category III Tracings”

Publication: Trial Journal of the Illinois Trial Lawyers Association
Volume: 25, Number 2
Date: Summer 2023
Link: https://www.iltla.com/

“Category II (Nonreassuring) FHR Tracings 2022 Update: Are We Closer to Creating Reliable National Standards of Care?”

Publication: Birth Trauma Litigation Group Journal
Date: Winter 2022
Link: https://www.justice.org/

“Electronic Fetal Monitoring: Establishing National Standards of Care that Require Multidisciplinary Team Training, Effective Communication, Meaningful Interventions and Timely Delivery”

Publication: Birth Trauma Litigation Group Journal
Date: 2020
Link: https://www.justice.org/

“Electronic Fetal Monitoring in Identifying Fetal Hypoxia and Acidemia”

Publication: AAJ Birth Trauma Litigation Group Newsletter
Date: July 2020
Link: https://www.justice.org/member-groups/litigation-groups/birth-trauma

“Birth Injury Litigation Criteria Exposed”

Publication: Trial Magazine
Date: May 2015
Link: https://www.trialmag.com/

“Hospital Liability for Misuse of Obstetrical Drugs”

Publication: Trial Magazine
Date: December 2013
Link: https://www.trialmag.com/

“Electronic Fetal Monitoring Plays a Vital Role in the Management of Pregnant Women and Their Babies”

Publication: AAJ Birth Trauma Litigation Group Newsletter
Date: February 2013
Link: https://www.justice.org/member-groups/litigation-groups/birth-trauma

“Distinguishing Fact from Fiction in Cerebral Palsy Cases”

Publication: Trial Magazine
Date: November 2012
Link: https://www.trialmag.com/

“When Every Minute Counts”

Publication: Trial Magazine
Date: May 2011
Link: https://www.trialmag.com/

“Intrapartum Asphyxia is a Preventable, Not Inevitable, Cause of Hypoxic-Ischemic Encephalopathy and Cerebral Palsy”

Publication: New York Litigation Review
Volume: 2
Date: 2010
Link: https://www.nystla.org/

“The case for national fetal monitoring standards”

Publication: Trial Magazine
Date: May 2009
Link: https://www.trialmag.com/

“The 2008 NICHD Fetal Monitoring Workshop: The US Obstetrical Community Continues to Resist National Standards of Care”

Publication: AAJ Birth Trauma Litigation Group Newsletter
Date: February 2009
Link: https://www.justice.org/member-groups/litigation-groups/birth-trauma

“Cerebral Palsy Litigation: Understanding Cytokines and the Infectious Pathways to Brain Damage in the Term Infant”

Publication: AAJ Birth Trauma Litigation Group Newsletter
Date: January 2008
Link: https://www.justice.org/member-groups/litigation-groups/birth-trauma

“Settling the cerebral palsy case”

Publication: Trial Magazine
Date: December 2007
Link: https://www.trialmag.com/

“Part II: Cerebral Palsy Litigation — Understanding the Pathways to CP in the Term Infant”

Publication: AAJ Professional Negligence Section Newsletter
Date: 2007
Link: https://www.justice.org/resources/publications/professional-negligence-law-reporter

“Part I: Cerebral Palsy Litigation — Understanding the Pathways to CP in the Term Infant”

Publication: AAJ Professional Negligence Section Newsletter
Date: 2007
Link: https://www.justice.org/resources/publications/professional-negligence-law-reporter

“Birth Asphyxia and Cerebral Palsy”

Publication: Trial Magazine
Date: January 2007
Link: https://www.trialmag.com/

“Using a Differential Diagnosis to Prove that Intrapartum Asphyxia is a Significant Cause of Cerebral Palsy” [LANDMARK ARTICLE]

Publication: American Journal Of Trial Advocacy
Date: 2006
Link: https://cumberlandtrialjournal.com/

“Proper use of Apgar scores”

Publication: Trial Magazine
Date: August 2005
Link: https://www.trialmag.com/

“Keeping “junk science” out of birth injury cases”

Publication: The Advocate – Journal of Consumer Attorneys for Southern California
Date: July 2005
Link: https://www.advocatemagazine.com/

“Keep ‘junk science’ out of cerebral palsy cases”

Publication: Trial Magazine
Date: May 2004
Link: https://www.trialmag.com/

“Fetal Monitoring Mistakes and Their Catastrophic Consequences”

Publication: Trial Magazine
Date: August 2003
Link: https://www.trialmag.com/

“How to Derail Daubert Motions in Obstetrical Cases”

Publication: Trial Magazine
Date: May 2002
Link: https://www.trialmag.com/

“Evaluating Obstetrical Cases: A Primer for the Trial Attorney”

Publication: Prince George’s County Bar Bulletin
Date: 2002
Link: https://www.pgcba.com/

“Using Electronic Fetal Monitoring Strips to Assess the Quality of Care and the Timing of Delivery”

Publication: ATLA Professional Negligence Section Reporter
Date: 2001
Link: https://www.justice.org/resources/publications/professional-negligence-law-reporter

“Evaluating Obstetrical Malpractice Cases: A Primer for the Trial Attorney”

Publication: MTLA Trial Reporter
Date: 2000
Link: https://www.mtla.org/

“Placental pathology: challenging the causation defenses”

Publication: Trial Magazine
Date: May 2000
Link: https://www.trialmag.com/

“A primer on vaginal birth after cesarean”

Publication: Trial Magazine
Date: February 2000
Link: https://www.trialmag.com/

“Evaluating Birth Trauma Cases Involving Brain Injury in the Premature Infant”

Publication: ATLA Professional Negligence
Date: 1999
Link: https://www.justice.org/member-groups/sections/professional-negligence

“A Legal Discussion on Medical Malpractice: What Pregnant Women Should Know About Group B Streptococcal Infection”

Publication: The Montgomery County Sentinel
Date: November 18, 1999
Link: https://www.thesentinel.com/communities/montgomery/

“A Legal Discussion on Medical Malpractice: Is Vaginal Birth After Cesarean Safe?”

Publication: The Montgomery County Sentinel
Date: October 28, 1999
Link: https://www.thesentinel.com/communities/montgomery/

“A Legal Discussion on Medical Malpractice: Can cerebral palsy be prevented?”

Publication: The Montgomery County Sentinel
Date: October 21, 1999
Link: https://www.thesentinel.com/communities/montgomery/

“Evaluating Birth Trauma Cases Involving Brain Injury in the Premature Infant”

Publication: ATLA Professional Negligence Law Reporter
Date: July 1999
Link: https://www.justice.org/resources/publications/professional-negligence-law-reporter

“Electronic Fetal Monitoring: Criteria for Evaluating the Quality and Timing of Intrapartum Care”

Publication: ATLA Birth Trauma Litigation Group Newsletter
Date: June 1999
Link: https://www.justice.org/member-groups/litigation-groups/birth-trauma

“Clinical Markers Establishing a Causal Relationship Between Birth Asphyxia and Cerebral Palsy: A Primer for Trial Lawyers”

Publication: American Journal Of Trial Advocacy
Date: 1997
Link: https://www.samford.edu/law/american-journal-of-trial-advocacy

“Maternal Infection in Pregnancy and Perinatal Brain Damage”

Publication: Trial Magazine
Date: May 1996
Link: https://www.trialmag.com/

“Electronic Fetal Monitoring: An Overview”

Publication: ATLA Professional Negligence Law Reporter
Date: November 1995
Link: https://www.justice.org/resources/publications/professional-negligence-law-reporter

“Asphyxia and Cerebral Palsy: Understanding the Medical and Legal Issues”

Publication: ATLA Birth Trauma Group Newsletter
Date: June 1995
Link: https://www.birthtraumaassociation.org/

“Cervical and Lumbar Disc Injuries: Understanding the Medical and Legal Issues”

Publication: Trial Magazine
Date: January 1995
Link: https://www.trialmag.com/

“Antepartum Evaluation of Fetal Well-Being”

Publication: ATLA Birth Trauma Group Newsletter
Date: December 1994
Link: https://www.birthtraumaassociation.org/

“Placental Pathology: A Tool for Obstetrical Cases”

Publication: Trial Magazine
Date: May 1994
Link: https://www.trialmag.com/

“Loss of Chance in Obstetrical Cases”

Publication: Trial Magazine
Date: May 1993
Link: https://www.trialmag.com/

“Obstetrical Negligence in Managing Hypertension: Legal Issues”

Publication: Medical Malpractice Law & Strategy
Date: October 1992
Link: https://www.ovid.com/

“Obstetrical Negligence in Managing Hypertension: Medical Issues”

Publication: Medical Malpractice Law & Strategy
Date: September 1992
Link: https://www.ovid.com/

“Obstetrical Malpractice: Hypertension in Pregnancy”

Publication: Trial Magazine
Date: May 1992
Link: https://www.trialmag.com/

“When Neonatal Providers Fail the Babies They Are Supposed to Protect”

Publication: MAJ Trial Reporter Journal
Date: August 2022
Link: https://www.mdforjustice.com/?pg=trialreporter

“Nothing Good Happens After 3 Hours: Recent Literature Questions ACOG’s Guidance on the 2nd Stage of Labor”

Publication: AAJ Birth Trauma Litigation Group Journal
Date: July 2021
Link: https://www.justice.org/member-groups/litigation-groups/birth-trauma

“The Clock Doesn’t Stop at Delivery”

Publication: AAJ Birth Trauma Litigation Group Newsletter
Date: Winter 2019
Link: https://www.justice.org/member-groups/litigation-groups/birth-trauma

“A Peek Inside the Jury Room”

Publication: AAJ Trial Magazine
Date: August 2018
Link: https://www.trialmag.com/

“Thwart the Assault on Future Medical Expenses”

Publication: AAJ Trial Magazine
Date: May 2014
Link: https://www.trialmag.com/

Legally Reviewed by

Michael F.
Bonamarte, IV

Managing Partner

Read Bio

Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.

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Contact the Chicago Birth Injury Lawyers at Levin & Perconti Free Consultation

Navigating medical complications during pregnancy, labor, or delivery often leaves families searching for clarity from defensive healthcare institutions. Uncovering the truth while fighting for your child’s future should never be a journey you take by yourself.

Our legal team provides empathetic guidance backed by a proven history of securing results. We manage every aspect of your case from start to finish, fighting to obtain the financial resources and accountability needed to ensure your child’s lifelong care and restore your family’s stability.

If your child suffered a birth injury in Chicago or anywhere in Illinois, take action immediately. Contact Levin & Perconti online or call us at 877-374-1417 or 312-332-2872 to set up a free consultation with an experienced Chicago birth injury lawyer.