Illinois Personal Injury Statute of Limitations

If you’ve been injured due to someone else’s negligence in Illinois, the state’s statute of limitations is crucial to understand. 

This legal time frame sets the deadline for you to file a personal injury lawsuit, and missing this window can prevent you from seeking compensation altogether. This makes it essential to act promptly and consult with an attorney early on in your case to ensure that all your rights are preserved. 

Rosenfeld Injury Lawyers are here to help you determine the Illinois personal injury statute of limitations for your specific case. 

What Is the Statute of Limitations in Illinois?

Illinois statutes of limitations dictate how long you have to file a lawsuit after an injury occurs. This time frame ensures cases are brought while evidence is still fresh, which helps protect both parties involved.

In Illinois, personal injury claims generally fall under the Illinois Code of Civil Procedure and are specifically detailed in the Illinois Compiled Statutes (ILCS). The typical statute of limitations for most civil personal injury cases is up to two years from the date when the injury occurred.

However, certain circumstances can impact this general rule, either extending or shortening the deadline. 

Exceptions to the Statute of Limitations

There are exceptions to the two-year statute of limitations for personal injury claims in Illinois, and these provisions account for specific circumstances that make it more difficult or unfair to hold individuals strictly accountable to the standard deadline.

Legally Disabled Individuals

For those who are legally disabled at the time of injury, Illinois state law provides special considerations. The statute of limitations is effectively paused, or “tolled,” until their disability is removed. This ensures that vulnerable parties have an adequate opportunity to seek justice once they’re capable.

Injured Minors

Illinois grants exceptions for minors who suffer personal injuries. Typically, injured children have until their 20th birthday to file a lawsuit, provided that no parent or guardian has filed a claim on their behalf within this window.  

The Discovery Rule

In situations where the injury is not immediately apparent, the discovery rule can extend the statute of limitations. 

This rule allows for additional time to file personal injury lawsuits from when victims “discovered” or reasonably should have discovered their injury and its connection to someone else’s negligent actions. The discovery rule is particularly relevant in medical malpractice cases or those involving latent injuries that develop over time.

Understanding these exceptions highlights why it is crucial to consult with an experienced personal injury attorney as soon as possible following an incident. 

Filing a Personal Injury Claim in Illinois

When pursuing a personal injury claim in Illinois, understanding the legal framework and timelines involving the two-year deadline for personal injury lawsuits is crucial for success.

Personal injury claims typically arise from incidents such as car accidents, dog bites, slips and falls, or medical malpractice lawsuits, where an individual has suffered harm due to another party’s negligence or wrongful actions.

Establishing a strong personal injury case requires meticulous collection and preservation of evidence. This may include medical records, accident reports, photographic evidence of the scene, witness statements, and any other documentation that supports the claim of negligence and the extent of damages incurred. 

Given the nuances of personal injury law, it is always beneficial to work with a qualified personal injury attorney. We can provide expert guidance through the legal process, help gather relevant evidence, and represent the plaintiff in negotiations or court proceedings. 

Special Considerations for Certain Types of Cases

When filing a personal injury claim in Illinois, it is essential to be aware of the specific limitations period and procedural nuances that apply to different types of personal injury cases. Understanding these considerations can impact your ability to successfully pursue a claim.

• Medical Malpractice Lawsuits: For medical malpractice cases, Illinois generally provides a two-year statute of limitations. However, it is important to note that the timeframe does not commence at the time of the alleged negligent act; instead, the statute of limitations for medical malpractice begins when the injury is discovered or should have been discovered through reasonable diligence. 
• Wrongful Death Claim: A wrongful death claim arises when someone dies as a result of another party’s negligent or intentional actions. This type of lawsuit allows the deceased person’s family or estate representative to seek compensation for the financial and emotional losses that stem from their loved one’s untimely death. In Illinois, wrongful death claims must be filed within two years. If it isn’t filed by the time the statute of limitations expires, the family will be unable to obtain compensation. 
• Government Tort Claims: Claims against government entities, like a local municipality, are subject to different rules. These civil cases also have a one-year statute of limitations. Additionally, strict adherence to specified procedures and timely notice must be observed when initiating such claims to avoid potential dismissal.
• Workers’ Compensation Claim: A workers’ compensation insurance claim is not classified as a lawsuit and involves a distinct process with its own time limit. Injured employees must notify their employer of the injury within a specified timeframe and file a claim with the Illinois Workers’ Compensation Commission. It is crucial to understand these procedures to ensure that benefits are secured in a timely manner. For workers’ compensation claims, you must notify your employer of the accidental injury or illness within 45 days, either orally or through written notice. 

In almost all situations, there are exceptions that may apply to the applicable statute, making it critical to reach out to a personal injury lawyer as soon as possible. 

Consequences of Missing the Deadline

Missing the statute of limitations deadline for filing a personal injury lawsuit in Illinois can have severe consequences. Primarily, it often leads to your personal injury case being dismissed outright by the court, leaving you without any legal recourse to seek compensation for your injuries. 

If it isn’t dismissed outright, the defendant’s attorney will typically file a motion to dismiss based on the expired statute of limitations, and such motions are generally granted by judges who have limited discretion in this area when deadlines are clearly missed. 

To prevent this situation from occurring and ensure that your claim is filed within the required time frame under Illinois law, it’s crucial to work with a personal injury lawyer. 

An experienced attorney will help you assess all deadlines pertinent to your case and gather necessary evidence quickly so that no critical timeframe is overlooked. By doing so, they maximize your chances of receiving appropriate compensation for medical bills, lost wages, and pain and suffering.

Seeking Help from a Personal Injury Attorney

Navigating Illinois personal injury law can be overwhelming, particularly when dealing with the statute of limitations and other time-sensitive legal requirements. Working with an experienced personal injury attorney can provide numerous benefits to ensure your case is handled correctly and efficiently. 

Here’s how the team at Rosenfeld Injury Lawyers can help with your case :

• Statute of Limitations Knowledge: We advise on the applicable Illinois statute of limitations while taking into account any possible exceptions that could apply to your situation.
• Filing Deadline Management: We proactively manage important deadlines, filing lawsuits well before the statutes of limitations expires.
• Document Preparation: We are committed to preparing accurate documentation for court submission, minimizing delays due to errors or omissions.
• Custom Legal Strategy: All personal injury cases are unique, so we develop tailored strategies aimed at maximizing your compensation based on your individual circumstances.
• Effective Negotiation: Skilled negotiation during settlement discussions ensures you receive fair compensation after an injury occurs without enduring a prolonged court battle.
• Court Representation: If your case goes to trial, an experienced attorney will provide representation, presenting evidence and arguments persuasively in court.
• Emotional Support: We can offer emotional support and reassurance through what is often a stressful and challenging time.

Our legal team is committed to having a lawsuit filed when necessary, safeguarding your right to pursue compensation for your injuries. 

Your Next Steps

If you’ve been injured in an accident, it’s essential to seek immediate medical attention and consult with an experienced personal injury attorney as soon as possible. Waiting too long can jeopardize your ability to seek the compensation you deserve due to strict legal deadlines.

Call us at (888) 424-5757 or complete our online contact form.