If you or someone you know has been injured by someone else’s actions in Illinois, you may be wondering how long you have to file a lawsuit. This time limit is known as the statute of limitations, and it varies depending on the type of case involved. In this article, we’ll go over how the statute of limitations works in Illinois personal injury cases and what you need to know to protect your rights.
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What Is The Statute Of Limitations?
The statute of limitations is a legal deadline by which a person must file a lawsuit. If you miss this deadline, you may be barred from filing a lawsuit altogether. Statutes of limitations are intended to ensure that defendants are not held liable for events that occurred too far in the past, as it becomes more difficult to collect evidence and memories fade over time.
In Illinois, the statute of limitations varies depending on the type of case and the circumstances involved.
Statute Of Limitations For Personal Injury Cases In Illinois
For personal injury cases in Illinois, you generally have two years from the date of the injury to file a lawsuit. This period is known as the statute of limitations. This means that if you’re injured in an accident today, you generally have until two years from now to file a lawsuit. If you miss this deadline, you may not be able to bring a lawsuit at all.
However, there are a few exceptions to this general rule:
Discovery Rule
Sometimes, an injury may not be immediately apparent, or its cause may not be immediately known. In these cases, the statute of limitations may be "tolled," or paused, until the injury or cause of injury is discovered. The discovery rule applies in cases where the injury or cause of injury could not have been reasonably discovered within the two-year statute of limitations period.
Minors
If the injured person is a minor, the statute of limitations is "tolled" until they turn 18 years old. This means that a minor who is injured when they’re 15 years old would have until their 20th birthday to file a lawsuit.
Government Entities
If the injury was caused by a government entity, you may have to follow special rules for filing a lawsuit. In Illinois, you generally have one year from the date of the injury to file a notice of claim with the government entity involved. If you miss this deadline, you may not be able to bring a lawsuit at all.
Why Is The Statute Of Limitations Important?
It’s important to keep in mind that the statute of limitations is a firm deadline. If you miss it, you may lose your right to file a lawsuit and seek compensation for your injuries.
This deadline is also important for defendants, as it gives them certainty about when they can’t be sued. Once the statute of limitations has expired, the defendant can be confident that they won’t be held liable for the incident. This helps to bring closure to the situation and allows everyone involved to move on.
What Should You Do If You’ve Been Injured?
If you’ve been injured in an accident in Illinois, it’s important to act quickly to protect your legal rights. Here are some steps you should take:
- Seek medical attention immediately.
- Gather evidence of the incident, such as photos, witness statements, and police reports.
- Contact an attorney as soon as possible to discuss your legal options.
- File a lawsuit before the statute of limitations expires.
By taking these steps, you can help to ensure that you get the legal compensation you deserve for your injuries.
Conclusion
The statute of limitations is an important legal deadline that determines when you can file a lawsuit for your injuries. In Illinois personal injury cases, you generally have two years from the date of the injury to file a lawsuit. However, there are exceptions to this rule, such as the discovery rule and special rules for minors and cases involving government entities.
If you’ve been injured in an accident in Illinois, it’s important to act quickly to protect your legal rights. Contact an attorney as soon as possible to discuss your options and make sure you file a lawsuit before the statute of limitations expires.