Here’s How Long You Have to File an Injury Claim in Illinois

Personal Injury

If you’ve been injured by a negligent individual in the state of Illinois, you have the legal option to file a lawsuit to collect money damages. That being said, there’s a time limit within which you must file or your case, for all intents and purposes, will be considered as not eligible to be heard by a court of law. This time period is known as a statute of limitations and it usually hinges on the unique circumstances of each case.

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Civil cases such as personal injury claims must be filed within TWO YEARS of the event occurring. This usually starts to count down on the very day of the accident or negligent act. However, the statute of limitations on some cases will start ticking down from the day that you discovered your injuries; this is known as discovery date.

Statute of Limitations in Illinois

If you were injured by a county or city amenity or within these governmental body premises, you only have ONE YEAR to file your claim. This, however, changes to TWO YEARS if you were injured by an individual working for the state or within state-maintained premises.

Statute of Limitations Exceptions

As with most things in life, there are exceptions. There are circumstances where the statute of limitations can be waived; for example, if you were legally disabled at the time of the accident, your statute of limitations will begin once your legal disability is resolved or removed (for example, when you’ve completed treatment for depression and are in remission). If you were under 18 and got injured in a car accident in Illinois, for example, the statute of limitations only starts counting down on your 18th birthday. If you suffered a disability after the accident making you unable to file a lawsuit, your statute clock will start to count down when you’ve reached maximum medical improvement. Lastly, if the negligent party left Illinois after the accident, the time they were away will most likely not count as part of the two year statute of limitations period.

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Need more information on whether you still have a valid Illinois personal injury claim? Contact our best Chicago injury attorneys TODAY at 1 (773) 825-3547 to receive your FREE and friendly legal consultation with one of our experienced attorneys. Thanks, and we look forward to hearing from you.