When accidents happen, they can leave behind a wake of physical, emotional, and financial turmoil. In the state of Illinois, like in many other places, there’s a legal framework designed to ensure that those who suffer injury due to someone else’s fault have the opportunity to seek compensation. However, time is of the essence. So, let’s delve into the specifics of Illinois Statute of Limitations on personal injury.
How Long Can You Wait to File a Personal Injury Claim in Illinois?
In Illinois, the statute of limitations for personal injury claims is two years. This means that individuals have a window of two years from the date of the incident to file a lawsuit seeking damages. These damages include medical bills, ongoing care, lost wages, and compensation for pain and suffering. The underlying principle of a personal injury settlement is to restore the injured party to a state of wholeness or as close to it as possible.
This two-year timeframe applies to cases where injuries result from someone else’s negligence or intentional actions. Negligence encompasses accidents or mistakes that harm another person, while intentional torts involve purposeful acts that cause harm. These acts could range from a physical altercation to defamation. It’s important to note that intentional acts often carry criminal charges, which may have their own statutes of limitations.
Is the Statute of Limitations for Wrongful Death Claims Different?
In cases where an accident proves fatal, the statute of limitations for wrongful death claims mirrors that of personal injury claims — two years from the date of the incident. However, if a victim succumbs to their injuries after the incident, the clock resets and the family has two years from the date of death to file a wrongful death suit.
Similarly, in medical malpractice cases, where the injury may not be immediately apparent, the statute of limitations begins when the injury is discovered, rather than when the treatment occurred. However, there’s a caveat. The lawsuit must be filed within four years of the treatment, regardless of when the injury is discovered. For minors, this timeframe can extend up to eight years or until 22, whichever comes first.
More: Why is a Spanish-speaking Personal Injury Attorney Crucial?
Can Any Factors Extend Your Timeline?
Although the standard statute of limitations is two years, some scenarios can modify the timeline for initiating legal proceedings. Here are some examples:
- If the individual is under 18 when the incident occurs, the countdown begins on their 18th birthday.
- In situations where the individual is legally disabled, the statute of limitations commences once the disability is resolved.
- If an individual becomes legally disabled within a two-year period, the clock temporarily stops until they are deemed mentally capable of pursuing legal action.
- Moreover, if the defendant relocates outside of Illinois during the statute period, the clock pauses and resumes upon their return.
Need A Personal Injury Attorney In Illinois Who Will Fight For Your Rights?
Now that we’ve explored the intricacies of the Illinois statute of limitations on personal injury, it’s evident that navigating legal complexities can be daunting, especially when you’re already dealing with the physical and emotional toll of an accident. That’s why having an experienced personal injury attorney is crucial.
Whether you’ve been injured in a car accident, slip and fall incident, or workplace mishap, having a seasoned legal team on your side can make all the difference. At Pacin Levine, P.A., we’re committed to providing compassionate support and vigorous advocacy to protect your rights. If you need legal assistance, call us at 312-239-3933.