Know Your Illinois Personal Injury Statute of Limitations!
If you have an Illinois personal injury case, one of the first questions out of your attorney’s mouth should be – when did the accident happen? It is critical that your Illinois injury attorney know the date of your accident as that is the date that the clock starts running on your Illinois personal injury lawsuit!
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Our office is constantly asked by clients, friends and colleagues, how long do I have to file a lawsuit for personal injury in Illinois? The answer in general, is two (2) years from the date of the accident! To be specific, and for our readers’ benefit, the exact verbiage of the statute is provided below:
“Sec. 13 202. Personal injury Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty . . . shall be commenced within 2 years next after the cause of action accrued . . .” 735 ILCS 5/13 202
There are some exceptions to this rule. For example, a minor who is injured in Illinois typically has two years from the date they turn 18 to file a claim for an injury which occurred while they were a minor. 735 ILCS 5/13 211
Also, other “personal injury” claims such as a claim for Illinois medical malpractice have different statutes of limitations. Illinois medical malpractice claims typically expire two years from the date they are discovered but no more than four (4) years after the date they occurred. 735 ILCS 5/13 212
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Lastly, be aware that there are differences in personal injury claims if filed against a governmental or quasi-governmental entity like the CTA. In general notice of a claim against an Illinois governmental entity must be given within one year of the accident.
In sum, statutes of limitations can be confusing. As such, it is essential that you contact a competent Chicago personal injury lawyer to assist you in determining the appropriate statute of limitations for your claim.
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