If you’ve been injured in an accident that was someone else’s fault, you may be considering filing a lawsuit to seek compensation for your medical bills, lost wages, pain and suffering, and other damages. But did you know there’s a deadline for taking legal action in Illinois? It’s called the statute of limitations, and understanding how it works can be the difference between having a solid case and having no case at all.
The Statue of Limitations, Explained
The statute of limitations sets a time limit for filing a lawsuit. In the context of personal injury claims, this timeframe is designed to:
- Protect Evidence Integrity: Encourages timely filing while evidence is fresh and witnesses are available.
- Provide Certainty: Ensures that both parties can move forward without indefinite legal threats.
Basically, it encourages people to bring their cases forward while the evidence is still fresh and witnesses can be easily found. This helps prevent situations where someone tries to sue over something that happened decades ago, when it’s much harder to prove what really happened.
The statute of limitations also provides a sense of certainty and closure. Without it, the threat of a lawsuit could hang over someone’s head indefinitely, even if they didn’t do anything wrong.
By setting a clear deadline, everyone knows where they stand and can move on with their lives once the time limit has passed.
What Is the Statute of Limitations in Illinois for Personal Injury Claims?
The statute of limitations in Illinois for personal injury lawsuits is two years from the date of the incident that caused your injuries. This means you have a two-year window to file suit against the at-fault party, whether your injuries were caused by their negligence (like in a car accident) or intentionally harmful actions (such as assault and battery).
If you miss this two-year deadline, you will likely lose your right to pursue compensation in court. The defendant will almost certainly ask the judge to dismiss your case, and the court will usually grant their request.
But what if your injuries aren’t immediately apparent or you don’t discover them right away? In some situations, you may have additional time to file.
Exceptions to the Two-Year Timeline
There are a few scenarios where the two-year “clock” on the statute of limitations in Illinois for personal injury claims may start ticking later than the date of the underlying incident:
Delayed Discovery of Injury
Let’s say you had surgery, but you don’t realize the doctor made a mistake until complications arise a year later. In this type of situation, the two-year clock would likely start on the date you discovered (or reasonably should have discovered) the medical error, rather than the date of the surgery itself. This is known as the “discovery rule.”
Delayed Onset of Injury
Some accident-related injuries, like concussions or internal organ damage, may not be apparent right away. If your injury symptoms don’t show up until later, the two-year statute of limitations may be calculated from the “delayed onset” date.
Wrongful Death
If your family member died from their accident-related injuries, you would have two years from the date of death to file a wrongful death lawsuit, rather than two years from the date of the underlying accident.
Special Rules for Cases Involving Minors, Legal Disability, or Out-of-State Defendants
In addition to the delayed discovery and delayed onset rules, there are a few other situations that can pause or extend the statute of limitations in Illinois for personal injury cases:
- If the injured person is a minor (under age 18), the two-year clock doesn’t start running until their 18th birthday.
- If the injured person is legally disabled (meaning they’ve been declared mentally incompetent), the clock pauses until their disability is resolved.
- If the defendant leaves Illinois for any period of time during the two-year limitations period, the clock may be paused until they return to the state.
While these rules can buy you some additional time, it’s not guaranteed. There’s always a risk the court could deny your request to extend the limitations period.
Think a two-year deadline gives you plenty of time? Think again. Evidence needs to be gathered, medical records collected, and negotiations need to happen. That’s why it’s best to reach out to a personal injury attorney as soon as possible—the earlier you start, the stronger your case will be.
Claims Against Government Entities
Government-related accidents fall under an entirely different set of rules. Under the Illinois Court of Claims Act, you must file a formal claim with the State Attorney General within one year of the incident. If you still can’t reach a settlement, you have two years from your accident date to take it to court.
Don’t Wait Until It’s Too Late
Meeting the statute of limitations is a make-or-break for your case. Attempting to file a lawsuit after the deadline has passed will almost certainly result in the defendant having your case dismissed—no matter how strong your evidence is against them.
So, if you’ve been hurt, the clock is ticking on your right to seek justice. Reach out to the personal injury attorneys at Menges Law Firm for a free case evaluation. The sooner you act, the better your chances of securing a successful outcome.