September 19, 2025 | Personal Injury
Illinois recently passed a handful of new laws that could have a big impact on people dealing with injuries, car accidents, or wrongful death claims. These updates touch on everything from toxic exposure cases to driver responsibilities near emergency scenes and even liability for providing alcohol to minors.
For injury victims and their families, the changes are meant to make it easier to hold negligent parties accountable and ensure fairer court access. Understanding how these new rules work can help you know your rights and what steps you can take if you’ve been hurt.
1. SB 328 – Expanded Jurisdiction for Toxic Tort Cases
Senate Bill 328 makes Illinois a general jurisdiction state for claims involving toxic substance exposure. Prior to this law, plaintiffs had to establish specific ties to Illinois to bring such lawsuits, including where the exposure occurred or where the defendant’s conduct caused harm.
Now, plaintiffs from outside Illinois who were exposed to harmful substances (like asbestos, chemicals, or industrial byproducts) can potentially file suit in Illinois courts if the defendant company conducts regular business in the state. This bill expands Illinois’s role as a venue for toxic tort claims and workplace accident cases linked to occupational diseases.
2. HB 5370 – Increased Driver Liability Near Emergency and Construction Zones
House Bill 5370 requires drivers to use “due care” and reduce their speed when approaching emergency vehicles, construction workers, or accident scenes. The law enhances enforcement of “Scott’s Law,” which is Illinois’s “move-over” law. It explicitly creates a duty of care when approaching roadside hazards.
This law may make proving negligence in personal injury or wrongful death cases resulting from roadside collisions easier. If a driver violates this rule and injures a first responder, worker, or pedestrian, that violation may be used as evidence of negligence per se.
3. Statutes of Repose and Discovery Rules for Occupational Diseases
Recent case law and statutory updates have clarified that plaintiffs suffering from occupational diseases (e.g., mesothelioma or silicosis) can still file lawsuits if symptoms arise after the original statute of repose expires. Illinois now favors the “discovery rule,” meaning the clock starts when the plaintiff knew or should have known of the injury, not when the exposure occurred.
Previously, strict deadlines prevented many plaintiffs from recovering damages for illnesses that manifested decades after exposure. This law is particularly relevant in cases involving asbestos or chemical exposure on job sites. The change increases access to courts for injury victims and their families. The revised time limits may also open the door to litigation previously considered time-barred.
4. Insurance Rate Transparency and Consumer Protection Efforts
Illinois state officials, including the Secretary of State, have launched initiatives aimed at reforming how auto insurance companies set premium rates. The focus is on eliminating discriminatory practices, such as basing rates on credit scores, ZIP codes, or education level, which are factors unrelated to actual driving behavior.
Although these reforms are still developing, they reflect a policy shift that may affect auto insurance claims and litigation, especially those related to bad faith.
Contact a Chicago Personal Injury Lawyer at Powell & Pisman Injury Lawyers Today for a Free Consultation
The 2024–2025 legal updates in Illinois expand individuals’ access to courts and create enhanced duties of care in certain situations. If you believe you are eligible for legal action under these laws, contact an experienced Chicago personal injury lawyer at Powell and Pisman Injury Lawyers for help understanding your legal options. We offer a free consultation.
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