Have you been injured in an accident caused by someone’s negligence? If so, you have the right to file a personal injury claim. Filing a personal injury claim allows you to sue for monetary damages – but Illinois has a time limit.
Personal Injury Claim Illinois: Statute of Limitations
In Illinois, you have two years to file your personal injury claim. A missed deadline means you no longer have recourse for receiving financial compensation. If you’re in Illinois and plan to file a claim, it’s wise to take action without delay.
The personal injury claim limit starts when you receive the injury. However, this rule differs when it involves medical malpractice.
In a medical malpractice case, the limit usually begins on the date of the injury. But what if you discover the injury after months have passed? In that case, the two-year period begins at the time of discovery. The statute of limitations extends to eight years from the date of injury if the victim is a child. However, you must file the claim before the child turns 22 years old.
Even though there is a two-year limitation, you shouldn’t wait to file your personal injury claim. Remember, you’ll need to contact a lawyer, get your case reviewed, and prepare the claim for court.
The Discovery Rule
Some injuries aren’t immediately apparent. You might learn of your injury months or years after the incident.
The discovery rule says you can file a personal injury claim when you discover the injury. Even if two years have passed, you still have the option to file a claim. However, the discovery rule must apply to your situation. If it does, you may gain time to file your claim.
There’s a chance that the discovery rule won’t apply. For this reason, it’s still wise to contact a personal injury lawyer as soon as possible.
Reason for the Illinois Statute of Limitations
You might think the statute of limitations is unfair. However, there’s a good reason why Illinois has the statute of limitations in place.
Proving a personal injury claim is difficult when a significant amount of time has passed. Evidence can deteriorate, those involved can forget facts, or documentation can get lost.
The more time between the incident and the court date, the less chance you have of presenting solid evidence. Also, the statute of limitations is in place so the defendant can move on without worrying about being sued. As far as Illinois law is concerned, you should file your claim within a timely manner.
Illinois Personal Injury Claim
It’s best to seek legal advice when considering a personal injury claim. The clock is ticking on your case, so you shouldn’t delay taking action. For example, if you’re an Illinois resident, Zayed Law Offices can help for legal guidance. Remember, the statute of limitations is normally two years. Don’t let the statute of limitations run out on your case.