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To recover compensation with a personal injury claim, it’s important to keep in mind the personal injury statute of limitations in Chicago. This time limit gives claimants a limited period to file a claim before they may be unable to seek compensation entirely.
Find out how the statute of limitations works in Illinois and if you qualify for any potential exceptions to it.
Every civil case, including personal injury cases, has a specific statute of limitations in place. This legislation gives injury victims a limited amount of time to file, and it varies depending on the state where the case takes place.
In Illinois, individuals have two years to file a personal injury claim under 735 ILCS 5/13-202. This means that injury victims must take action to file a claim or lawsuit within two years of the initial accident, otherwise they may not have the ability to recover compensation from liable parties. However, there are certain exceptions to keep in mind that might apply to an injury victim’s case, depending on the circumstances.
There are several main exceptions to the personal injury statute of limitations that plaintiffs in Chicago could potentially qualify for.
Some individuals may not realize that they sustained an injury shortly after an accident. They may not notice symptoms until a condition has progressed, in which case the statute of limitations may begin at the time of discovery of any injuries resulting from negligence.
If a negligent act causes harm to a child who was under the age of 18 at the time of the accident, the statute of limitations for a case won’t begin until the victim turns 18. The reason for this exception is the recognition that minors don’t have the capacity to successfully file a claim of their own free will. Once the minor becomes an adult, they could seek compensation within two years..
Another reason the statute of limitations might start later is when the victim is either physically or mentally disabled to the point of being unable to file a lawsuit or claim. When the person becomes legally competent, the statute of limitations may begin.
Defendants might also attempt to avoid repercussions for their actions by going into hiding or leaving the state, but the statute of limitations will begin once they are located or they reenter Illinois. Victims could then file a lawsuit or claim within two years of the defendant’s return.
Failure to comply with the personal injury statute of limitations could compromise your ability to take legal action against negligent parties. To avoid potentially running out of legal options, it’s best to consult with a lawyer to discuss the nature of your case. We could review the details of the accident and your injuries, and you may learn whether an exception to the statute pertains to your case.
To make sure you file a personal injury case before the statute of limitations passes, schedule a free consultation with an attorney today.