If you live in Illinois and want to file a personal injury claim, it’s crucial to understand the statute of limitations when filing your claim. Missing the deadline can mean forfeiting your right to seek compensation for medical bills, lost wages, and other damages. An experienced Chicago personal injury attorney from Lerner and Rowe can help you navigate the Illinois statute of limitations as they apply to your personal injury case.
In this blog, we’ll break down the Illinois statute of limitations for personal injury claims and explain why you need to file your claim sooner rather than later.
Illinois Statute of Limitations and Personal Injury
Simply put, a statute of limitations is the deadline to file a lawsuit. It exists for several reasons, mainly to encourage the resolution of cases, preserve justice, and effectively manage the finite resources of a legal system.
In Illinois, there is a two-year statute of limitations on personal injury cases, such as Chicago car accidents, and five years on property damage caused by another’s negligent actions. However, there are certain situations where the deadline can be extended, or “tolled,” such as:
- If the plaintiff in the injury case is a minor.
- If the plaintiff is temporarily disabled as a result of their injury.
- If the defendant concealed evidence to mask the injury.
- If the injury wasn’t discovered right away, you may also have the right to extend the deadline.
If you do not file a personal injury claim within the timeframe outlined by the Illinois statute of limitations, you cannot pursue compensation.
Other Types of Personal Injury Cases and Their Time Limits
The Illinois statute of limitations extends to other types of personal injury cases as well, ranging from product liability to slip and falls. In these types of accidents, a lawyer can help establish when the statute of limitations begins. Here are a few key factors to consider:
- Medical diagnosis: If you were injured in an accident but you don’t notice an injury, such as whiplash, immediately after the accident, the statute of limitations would start based on the date of your medical diagnosis.
- Concealment: If a manufacturer conceals a design flaw with a product and that leads to a personal injury, the statute of limitations starts when the flaw is discovered.
- Disability: If your injury causes a temporary disability during recovery, the statute of limitations may be extended until you have recovered.
A Chicago personal injury lawyer can review the details of your case and determine when the statute of limitations starts.
Understanding the illinois Statute of Limitations for Medical Malpractice
Statutes of limitations for medical malpractice claims in Illinois differ from other personal injury claims. Usually, you have up to two years from the date on which you knew or should have known of the malpractice to file a lawsuit. This rule helps to protect patients who may not immediately realize they have been harmed through medical malpractice.
There is also the discovery rule. For example, if a person is injured due to malpractice but does not find out for three years, then they would have one year to make their claim. However, the discovery rule places a final limit of four years from the date of malpractice, whatever the date on which the injury was discovered. Just like with other types of personal injury claims, a Chicago personal injury attorney from Lerner and Rowe can help you determine the timeline for your case under this rule.
Strategies to Help You File a Personal Injury Claim
To ensure your personal injury claim is filed on time within the Illinois statute of limitations, consider these strategies:
- Get medical attention right away. If you’re involved in a car accident, make sure to see a doctor, even if you’re not experiencing any pain. When an injury is diagnosed, you help strengthen your personal injury lawsuit.
- Make sure to consult with an attorney right away as to not delay the statute of limitations.
- If your claim’s statute of limitations has expired, you may be able to seek compensation for property damage.
The most important thing you can do in a personal injury case is work with a Chicago personal injury lawyer from Lerner and Rowe.
Contact a Chicago Personal Injury Lawyer at Lerner and Rowe
Suffering from a personal injury due to someone else’s negligence is an overwhelming and stressful experience. Understanding the Illinois statute of limitations is vital to filing a successful lawsuit. By consulting with an experienced Chicago personal injury lawyer from Lerner and Rowe, you will help ensure your case is handled within the appropriate time frame.
Whether you’ve experienced a car accident, slip and fall injury, malpractice, or another type of personal injury, consulting with an experienced lawyer will ensure your rights are protected. By seeking legal advice as soon as possible after your accident, you can start to secure the compensation you deserve.
To get the legal representation and treatment that you deserve, reach out to Lerner and Rowe today. Our team is available 24/7 by phone at 708-222-2222. You can also reach us through our online form or LiveChat service.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.