The Statute of Limitations, Explained.
A law establishing the time limit within which a lawsuit must be brought is called a statute of limitation. Different types of cases have different statutes of limitation.
Knowing which statute of limitation applies is critical, since if a lawsuit is not brought within the time limit that applies to the case, the right to sue and recover damages is forever lost. The statute of limitations for a personal injury lawsuit is usually relatively short and subject to a number of factors.
What is The Statute of Limitations for Personal Injury in Illinois?
According to Illinois Civil Procedure Code (735 ILCS 5 13 202), the Illinois statute of limitations for personal injury is generally limited to two years from the date of an injury.
This is a major contrast to several other neighboring states, many of which hold a case from being time-barred (that is to say, prevented from being heard as a result of too much time passing) until three years from the date of injury.
The Personal Injury Statute of Limitations In Your Case May Have Exceptions
In certain cases, there are also different exceptions that may apply for each type of case which may extend the statute of limitations.
Of course, regardless of the possible availability of an exception, it is always beneficial to bring a lawsuit as soon as it is practical to do so, since the availability (and memory) of witnesses to an accident and related physical evidence is much greater shortly after an accident than after years have passed.
Don’t let your case run out of time—contact an attorney today.
It is critical that you contact an attorney immediately after suffering any injury so that the appropriate statute of limitations for your personal injury case can be determined.
At The Law Offices of Goldfine & Bowles, we make sure to explore all aspects of your case as soon as possible to ensure that no claims are lost as a result of untimely action.
Frequently Asked Questions: Statute of Limitations
What is a “statute of limitations”?
A statute of limitations is a law that sets a strict time limit on how long you have to file a legal claim after an injury. If you do not file your lawsuit within this window, you lose your right to sue and recover damages forever.
How long do I have to file a personal injury claim in Illinois?
In Illinois, the statute of limitations for most personal injury cases is generally two years from the date of the injury. This is shorter than several neighboring states, which often allow up to three years.
Are there any exceptions to the two-year rule?
Yes, certain factors and specific types of cases may extend or even shorten the standard two-year window. For example, claims involving government vehicles or public property often have much shorter notice requirements.
Can I still file a claim if I was partially at fault?
Yes. Illinois follows a modified comparative negligence rule. You can still recover compensation as long as you are found to be less than 50% at fault for the accident. However, your total recovery will be reduced by your percentage of fault (e.g., if you are 20% at fault, your settlement is reduced by 20%).
Why should I contact a lawyer immediately if I have two years?
Even if you have time left, it is best to act quickly because evidence and witness memories are freshest shortly after an accident. Waiting too long can make it harder to prove your case. A lawyer can help determine the exact deadline that applies to your specific situation so no claims are lost due to untimely action.