Illinois

Pre-Settlement Funding in Illinois

If you have an active personal injury lawsuit in Illinois, pre-settlement funding can provide a non-recourse cash advance against your case's expected value — no credit check, no monthly payments, and repayment only from your settlement if your case wins.

Illinois is among the top five states by personal injury filing volume. It uses modified comparative negligence with a 50% bar, places no cap on damages, and — unlike most states — has its own consumer legal funding law that directly governs how funding agreements are priced and disclosed.

Apply Now

Know the Law

Illinois Personal Injury Law: What Affects Your Case

Illinois ranks among the top five states nationally for personal injury filing volume, with Cook County's court system handling a particularly large share of auto accident, premises liability, and workplace injury litigation.

Fault Rule	Modified comparative negligence with a 50% bar (735 ILCS 5/2-1116) — if you are found more than 50% at fault, you cannot recover. At 50% or less, your damages are reduced by your percentage of fault.
Statute of Limitations	Generally 2 years from the date of injury under 735 ILCS 5/13-202.
Damages Cap	No cap on economic or non-economic damages. The Illinois Supreme Court has twice struck down legislative damages caps as unconstitutional (Best v. Taylor Machine Works, 1997; Lebron v. Gottlieb Memorial Hospital, 2010).
Liability Rule	Hybrid joint-and-several rule (735 ILCS 5/2-1117) — all liable defendants are jointly and severally liable for medical and medically related expenses regardless of fault share. For other damages, a defendant found less than 25% at fault is only severally liable for their share; a defendant found 25% or more at fault is jointly and severally liable for the rest.
Litigation Funding Regulation	Illinois's Consumer Legal Funding Act (815 ILCS 121) requires funding companies to be licensed with the state, caps fees at 18% of the funded amount per six-month period, limits total principal to $100,000 per consumer, and grants cancellation rights. This is one of the more comprehensive state funding laws in the country.

Eligibility

Who Qualifies for Funding in Illinois

Most active Illinois personal injury cases with attorney representation can be reviewed for funding — car and truck accidents, premises liability and slip-and-fall claims, workplace third-party claims, and dog bite cases are all common case types, with a heavy concentration of filings in and around Cook County.

Because Illinois's Consumer Legal Funding Act caps fees and principal by statute, every Illinois agreement is structured to comply before it's offered — there's no separate negotiation needed on your end.

Why It Matters

Why Illinois's Funding Law and Liability Rule Matter

Illinois is one of the few states with a dedicated statute governing consumer legal funding, which means the fee structure, principal limits, and cancellation rights on your agreement aren't left to the funding company's discretion — they're set by law. That makes Illinois one of the more consumer-protective states for this product.

On the liability side, Illinois's 25% threshold for joint-and-several liability (beyond medical expenses, which are always joint and several) is an important factor in multi-defendant cases — identifying which defendant crosses that line can meaningfully affect how collectible a judgment is, which in turn factors into funding review.

Q&A

Frequently Asked Questions

Can I get funding if I was partly at fault for my Illinois accident?

Often, yes. Illinois uses modified comparative negligence: you can recover damages, reduced by your percentage of fault, as long as you are not found more than 50% at fault. Funding review weighs the fault allocation carefully because crossing that line bars recovery entirely.

How long do I have to file a personal injury lawsuit in Illinois?

Generally two years from the date of injury under 735 ILCS 5/13-202 — confirm your specific deadline with your attorney, since some claim types carry different timelines.

Does Illinois cap damages in my case?

No. Illinois does not currently cap economic or non-economic damages in personal injury cases. The state's legislature has twice enacted damages caps and the Illinois Supreme Court has twice struck them down as unconstitutional (Best v. Taylor Machine Works, 1997; Lebron v. Gottlieb Memorial Hospital, 2010).

Is litigation funding regulated in Illinois?

Yes. Illinois's Consumer Legal Funding Act (815 ILCS 121) requires funding companies to be licensed with the state, caps fees at 18% of the funded amount per six-month period, limits total principal to $100,000 per consumer, and grants cancellation rights. Caseflow Capital structures Illinois agreements to comply with these requirements.

How fast can I get funding for an Illinois case?

Most applications are reviewed within 24 hours of receiving your information and attorney confirmation.