Timothy Kelly | Personal Injury Attorney | Of Counsel

Timothy W Kelly attorney
Timothy Kelly | Founding Partner | Of Counsel | Personal Injury Attorney

January 1, 2022, Timothy W. Kelly became Of Counsel for Kelly & Castagna to focus on spending more time with his family (especially his grandchildren!) and friends.  He will continue to be a highly valued personal injury attorney and member of the Kelly & Castagna team.

Timothy W. Kelly graduated from the University of Dayton School of Law in 1978. In 1997 he was voted by his peers as one of the top three attorneys in McLean County. 

He is a Martindale-Hubbell AV rated attorney (the highest rating available) devoting 100% of his practice to litigation. Concentrating his practice in personal injury and malpractice, he has obtained record verdicts in two downstate counties. He has been listed in Law & Leading Attorneys since 1996 and in 2002 was named one of the top 5% of attorneys in Illinois.

He has also been recognized in Chicago Magazine as an Illinois “Super Lawyer.” He has published articles and books regarding trial practice, is a past member of the Board of Directors of the Illinois Institute of Continuing Legal Education, and served on the Board of Managers of the Illinois Trial Lawyers Association from 1992 to 2014. He is a past President of the McLean County Bar Association and the Illinois Bar Foundation.

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  • University of Dayton School of Law, Dayton, Ohio, 1978 J.D., Doctor of Jurisprudence
  • University of Dayton, Dayton, Ohio, 1975 B.S., Bachelor of Science
  • Illinois Supreme Court – Appointed by the Chief Justice of the Supreme Court as the Chair of the Commission on Access to Justice in 2014
  • Illinois Bar Foundation, Board of Directors. Chair of the Fellows 2014-2015. 2nd Vice-President, 2016. 1st Vice-President, 2017.  President, 2018.
  • McLean County Bar Association –  President, 2015-2016
  • Fellows of the Bar Foundation – Chair of the Fellows, 2014-2015
  • Illinois State Bar Association:  Elected Assembly Member, 1995 to 2000; Member Civil Practice & Procedure Section Council, 1992 to 2001, Vice Chair 1997-98, Chair 1998-99; Tort Law Section Council, 1995 to 2010, Chair 2008-2009; Allerton House Steering Committee, 1994, 1996, 1998, 2000-2002; Special Committee on Judicial Discipline, 1997-98; Task Force on the Allocation of Judges in Illinois, 1998-00.  Special Committee on ISBA Facilities, 2000.
  • American Trial Lawyers Association
  • McLean County Inns of Court
  • Illinois Institute of Continuing Legal Education (IICLE), Board of Directors, 2000 to 2007
  • Illinois Trial Lawyers Association:  Board of Managers 1992 – 2014; Continuing Legal Education Committee, 1995-96; Executive Committee, 1996, 1997; Chairman, Insurance Law Committee, 1996-1998; Chairman, Product Liability and Insurance Law Committee, 1998-2000.  Seminar Planning Chairman, 2002.
  • Illinois, 1978
  • U.S. Court of Appeals 7th Circuit, 1993
  • U.S. District Court Central District of Illinois, 1979
  • U.S. District Court Eastern District of Wisconsin, 1990
  • U.S. Federal Court, 1979
  • U.S. District Court Northern District of Illinois, 1979
  • U.S. District Court Southern District of Illinois, 1979
  • U.S. Court of Federal Claims, 1998
  • U.S. Supreme Court, 1998
  • Voted by peers as one of the “Top Three Attorneys in McLean County,” Business to Business Magazine, 1997
  • Listed in Law & Leading Attorneys for Illinois, 1996-Present
  • Named as an Illinois “Super Lawyer” by Chicago Magazine
  • Marquis, Who’s Who in American Law, 2000 – Present
  • Martindale-Hubbell, rating of AV (highest rating available) 1993 – Present
  • IICLE Author of the Year – Publications Department, 2008
  • Named by the National Trial Lawyers Association as a “Top 100 Trial Lawyers” for 2013, 2014, 2015, 2016, 2017, 2018
  • Proving and Disproving Damages, IICLE, Chicago, Illinois, February 11, 2010
  • Laying Foundations, Chicago, Illinois, 2011
  • Laying Foundations, Springfield, Illinois 2012
  • Illinois Civil Litigation, Trial Technique, Practice and Procedure, Direct Examination, Springfield, Illinois, 1989
  • Proof of Damages in Personal Injury and Wrongful Death Litigation, How to Present Damage Evidence Where There Is Little or No Residual Disabiilty, IICLE, 1989
  • Negotiating and Settling Personal Injury Cases, Initial Considerations, IICLE, Chicago, Illinois, 1990
  • Hot Tips on Handling & Avoiding Common Settlement and Trial problems, The Mechanics of Preparing Exhibits, ISBA Law Ed. Series, Bloomington, Illinois, 1991
  • How to Present and Defend a Personal Injury Case, Proving Future Loss of Income, ISBA Law Ed. Series, Bloomington, Illinois, 1991
  • Products Liability: In-Depth Study of Litigation Involving Products, ISBA Law Ed. Series, 1992
  • How to Limit Hospital Liability, a Plaintiff’s Perspective, Illinois Society of Healthcare Risk Management Annual Meeting, 1992
  • Hot Tips-Proven and Winning Ways in Personal Injury Cases, ISBA Law Ed. Series, 1993
  • Tort Reform Day to Day Issues, ISBA Law Ed Series, Bloomington, Illinois, 1994
  • How to Present Non Economic Damage Testimony, ITLA Seminar, February 4, 1995
  • Proving and Disproving Damages, IICLE, Collinsville, Illinois, February 23, 1995
  • Proving and Disproving Damages, IICLE, Springfield, Illinois, February 24, 1995
  • Civil Practice Update, ISBA, St. Louis, Missouri, May 5, 1995
  • Anatomy of Pretrial Preparation, IBA Law Ed. Series, Bloomington, Illinois, November 20, 1995
  • Pretrial Techniques and Strategies, ITLA Seminar, February 3, 1996
  • Trial Techniques, ISBA, Bloomington, Illinois, November 11, 1996
  • Tort, Insurance and Civil Practice Update, ISBA, Chicago, Illinois, December 13, 1996
  • Laying Foundations for Introducing Evidence, IICLE, Chicago, Illinois, February 7, 1997
  • General Practice Update Program, ISBA Tort Update, Bloomington, Illinois, May 2, 1997
  • Civil Practice Update, ISBA, Bloomington, Illinois, May 23, 1997
  • Evidence, ITLA Update and Review Seminar, Chicago, Illinois, September 6, 1997
  • Laying Foundations for Introducing Evidence, IICLE, Springfield, Illinois, September 26, 1997
  • Tax Consequences of Settlement, ISBA Settlment Seminar, Chicago, Illinois, October 3, 1997
  • Laying Foundations for Introducing Evidence, IICLE, Chicago, Illinios, October 15, 1997
  • Tax Consequences of Settlement, ISBA Settlement Seminar, Bloomington, Illinois, October 17, 1997
  • Litigating Personal Injury Cases, Review of Recent Decisions, ISBA, Collinsville, Illinois, February 28, 1998
  • Civil Practice update Seminar, ISBA, Chicago, Illinois, June 3, 1998
  • How to Protect Yourself Against Malpractice and Ethical Complaints, ISBA Mutual Insurance Company Seminar, Bloomington, Illinois, September 24, 1998
  • Civil Practice Update Seminar, ISBA, Collinsville, Illinois, March 26, 1999
  • Civil Practice update Seminar, ISBA, Peoria, Illinois, May 7, 1999
  • Evidence Seminar, ITLA, Chicago, May 8, 1999
  • Mandatory Arbitration, A Case Law update, ISBA, Lake Geneva, Wisconsin, June 26, 1999
  • Personal Injury Law; A Plaintiff’s Perspective, Central Illinois Paralegal Association, Bloomington, Illinois, September 10, 1999
  • Product Design Defect in Automobile Cases, IICLE, Bloomington, Illinois, October 8, 1999
  • Municipal Liability, ISBA Tort Law Seminar, Bloomington, Illinois, October 11, 1999
  • Civil Update of Recent Case Law in Mandatory Arbitration Cases, ISBA, Chicago, Illinois, October 15, 1999
  • Automobile Accident Cases, ITLA, Peoria, Illinois, February 5, 2000
  • Product Liability Seminar, ITLA, Chicago, Illinois, February 21, 2000
  • Evidence Seminar, IICLE, Springfield, Illinois, September 19, 2000
  • Evidence Seminar, IICLE, Chicago, Illinois, October 4, 2000
  • Damages in Personal Injury Cases, IICLE, Springfield, Illinois, November 30, 2000
  • Bridge the Gap Program, Springfield and Chicago, Illinois, January 18, 2001
  • How to Present Demonstrative Evidence, Champaign, Illinois, February 3, 2001
  • How to Depose a Medical Expert, Springfield, Illinois, November 15, 2001
  • Liens on Case Proceeds, ISBA, May 9, 2002
  • Medical Malpractice Seminar, ITLA, Chicago, Illinois, December 7, 2002
  • Tort Law Update, ISBA, Chicago, Illinois December 14, 2002
  • Shotgun Seminar, ITLA, Springfield, Illinois, February 8, 2003
  • Jury Selection Seminar, IICLE, Peoria, Illinois, April 23, 2003
  • Automobile Cases A to Z, ISBA, Chicago, Illinois, May 22, 2003
  • Automobile Litigation Update, ITLA, Chicago, Illinois September 13, 2003
  • Use of Medical Experts, ITLA, Springfield, Illinois, February 7, 2004
  • Vehicular Accidents, ISBA, Chicago, Illinois May 10, 2004
  • UM/UIM Insurance Coverage, ITLA, Springfield, Illinois, February 5, 2005
  • Law Ed Program, Civil Practice Update:  Rule 216, ISBA, Bloomington, Illinois, May 6, 2005
  • Seminar “Government Tort Liability,” ITLA, Springfield, Illinois, March 4, 2006
  • Civil Procedure Seminar, ISBA, Bloomington, Illinois, May 12, 2006
  • Laying Foundations for Introducing Evidence, IICLE, Chicago, Illinois, July 14, 2006
  • Laying Foundations for Introducing Evidence, IICLE, Springfield, Illinois,  July 28, 2006
  • Product Liability Seminar, Spoliation of Evidence, ITLA, Chicago, Illinois, February 19, 2007
  • Civil Practice Update Seminar, Rule 16, ISBA, Bloomington, Illinois, May 18, 2007
  • Handling Trucking Cases, IICLE, Bloomington, Illinois, October 8, 2007
  • Proving and Disproving Damages Update, IICLE, Chicago, Illinois, November 12, 2007
  • Automobile Cases, IICLE, Bloomington, Illinois, September17, 2008
  • Laying Foundations for the Introduction of Evidence, IICLE, Bloomington, Illinois, October 15, 2008
  • Laying Foundations for the Introduction of Evidence, IICLE, Chicago, Illinois, October 23, 2008
  • Assistant Professor, Political Science, Illinois State University, 1980-1983
  • Staff Attorney, Prairie State Legal Services, 1978-1981
  • Assistant Public Defender, McLean County, 1981-1983
  • Associate in the Office of Jerome Mirza & Associates, 1983-1989
  • IICLE Faculty Member
  • ISBA Law-ed Series Faculty Member
  • ITLA Faculty Member
  • Author: Laying Foundations for Introducing Evidence, IICLE, 1991, revised, 1996; 2000, 2005; Proving Damages in Personal Injury Cases, IICLE 1994. Review of Recent Cases, Trial Briefs, ISBA Vol. 34, 1989; Review of Recent Cases, Tort Trends, ISBA Vol. 31, 1995; Affirmation of the Common Fund Doctrine, Trial Briefs, ISBA Vol. 42, 1996; IPI 5.01 & Expert Witnesses, Tort Trends, ISBA Vol. 4, 1997; Special Duty Exception to Local Governmental Tort Immunity, Trial Briefs, ISBA Vol. 44, 1999. Mandatory Arbitration Case Review, Illinois Bar Journal, March 2000. Illinois Pretrial Practice, James Publishing Co., 2002. Co-Edition, Illinois Causes of Action, 2006, 2008.
  • Certified as McLean County Civil Case Mediator, 1996
  • Certified as a McLean County Civil Case Arbitrator, 1997

Books & Chapters

  • Illinois Civil Pre-Trial Practice, James Publishing Company, (co-author of a two-volume manual on civil practice before trial, published November 2002)
  • Illinois Causes of Action, Illinois Institute of Continuing Legal Education, 2002 (co-editor of a two-volume treatise)
  • Laying Foundations for Introducing Evidence, Illinois Institute of Continuing Legal Education, 1991, revised, 1996 and 2000
  • Proving and Disproving Damages in Personal Injury Cases:  Damages in a Wrongful Death Case:  Plaintiff’s Perspective, Illinois Institute of Continuing Legal Education, 1993

Articles

  • Review of Recent Cases, Trial Briefs, Illinois State Bar Association, Vol. 34 No. 10, May 1989
  • Review of Recent Cases, Tort Trends, Illinois State Bar Association, Vol. 31, No. 1, October 1995
  • The Illinois Supreme Court Reaffirms the Common Fund Doctrine, Trial Briefs, Illinois State Bar Association, Vol. 42, No. 4, November 1996
  • IPI No. 5.01 and Expert Witnesses, Tort Trends, Illinois State Bar Association, Vol. 32, No. 4, February 1997
  • Real Estate Closings, Business to Business Magazine, September 1998
  • The Demise of the Special Duty Exception to Local Governmental Tort Immunity, Trial Briefs, ISBA, Vol. 44 No. 5, June 1999
  • Mandatory Arbitration:  A Review of the Recent Cases, Illinois Bar Journal, March 2000
  • Substitution of Judge as of Right; Tort Trends, Illinois State Bar Association, Vol. 41, No. 3, March 2006