What is the Statute of Limitations for Personal Injury in Illinois?

The state of Illinois does not give you unlimited time to pursue a lawsuit after suffering an injury. Instead, the statute of limitations on these actions gives you two years from the date you suffered your injuries to bring suit against the parties at fault for what happened. If you attempt to file your lawsuit after the deadline has passed on your claim, the court will dismiss it as untimely filed on a motion from the defense, which would cost you your right to compensation.

That said, there are a number of critical exceptions to the two-year rule that could change the deadline for your case.

Minors

For those injured as minors, the statute of limitations does not start running until their 18th birthday. So, someone injured as a 15-year-old has until their 20th birthday to bring suit against the at-fault parties. That is, of course, presuming that their parents had not already brought a claim on their behalf.

The Discovery Rule

Some injuries are not immediately apparent. For example, it might take someone months to learn that seemingly mysterious pain and infections were the result of a piece of a piece of gauze accidentally left inside of them during surgery. This is where the discovery rule comes into play, starting the proverbial clock not on the day that the injury occurred (the date of the surgery) but on the date the injured party discovered or should reasonably have discovered they suffered an injury.

Lawsuits Against the Government

There is an additional deadline to meet when a government entity or an employee thereof caused the injury. The Local Governmental and Governmental Employees Tort Immunity Act states that injured parties have one year to notify the Illinois Attorney General and the Clerk of the Court of Claims. Medical malpractice claims against the state government are subject to a two-year statute of limitations. This notice of claim is distinct from the actual filing of the lawsuit.

The federal government has its own notice law, called the Federal Tort Claims Act. This law gives injured parties two years to present their notice to the appropriate federal agency.

Why It’s Important to Act Now

There are other reasons beyond the statute of deadlines to act quickly after an accident. Critical evidence will not last forever. Footage gets deleted, items are misplaced, and memories fade. The sooner you act, the more evidence will be available to you—evidence that could be the determinant factor in your ability to recover fair compensation.

Contact a Personal Injury Lawyer for Help

If you’ve been injured and someone else is at fault, there’s no time to waste. Wait too long, and you could be unable to secure the money you deserve, no matter how strong your underlying claim might be. Fortunately, Holley, Rosen & Beard, LLC, is ready to get to work on your case right away. Contact us today to speak with a personal injury attorney in Springfield, and let’s start pursuing justice together.