If you’ve been injured due to someone else’s negligence in Illinois, it’s crucial to understand the time constraints for filing a personal injury lawsuit.
At Schierer & Ritchie, LLC, we believe in empowering our clients with knowledge about their legal rights and options.
What is the Statute of Limitations?
The statute of limitations is a legal time limit within which you must file your lawsuit. In Illinois, the general rule is that you have two years from the date of your injury or from when you became aware of your injury to bring your personal injury case to court. This time limit is established by Illinois law and is strictly enforced by the courts.
The Importance of Timely Action
You might wonder why there’s a time restriction on filing a personal injury claim. There are several reasons:
- Preservation of Evidence: Over time, evidence can deteriorate, be lost, or become less reliable. Witnesses’ memories may fade, and physical evidence may be altered or destroyed.
- Fairness to Defendants: The statute of limitations provides potential defendants with a degree of certainty, allowing them to move on with their lives without the indefinite threat of a lawsuit.
- Encouragement of Prompt Legal Action: This time limit encourages injured parties to pursue their legal rights diligently.
How the Illinois Statute of Limitations Works
The clock on the statute of limitations typically starts ticking on the date of the injury. However, Illinois law recognizes that some injuries may not be immediately apparent. In such cases, the “discovery rule” may apply.
The Discovery Rule
Under the discovery rule, the limitation period begins when the injured person knows or reasonably should have known about their injury and its potential cause. This rule can be particularly relevant in medical malpractice cases or exposure to harmful substances.
Exceptions to the Standard Two-Year Limit
While the two-year limit applies in most cases, there are some notable exceptions:
Minors
Illinois law provides additional time to file a lawsuit for individuals under 18. The two-year statute of limitations doesn’t start until the minor’s 18th birthday. As a result, in most cases, a person injured as a minor has until their 20th birthday to file a personal injury lawsuit, even if the injury occurred years earlier.
Medical Malpractice Involving Minors
The rules are slightly different in cases of medical malpractice affecting a minor. The injured party has eight years from the date of the negligent act or until their 22nd birthday, whichever comes first.
Mental Disability
If the injured person is mentally disabled at the time of the injury, the statute of limitations may be paused until the disability is removed.
Statute of Repose: Another Time Limit to Consider
Illinois law includes a statute of limitations for certain cases in addition to the statute of limitations. Unlike the statute of limitations, which begins when an injury occurs or is discovered, the statute of repose starts from a fixed date, such as when a product was first sold or a construction project was completed.
For example, in product liability cases, Illinois has a statute of repose of 10 years from the date the product was first sold or leased to its initial user.
The Consequences of Missing the Deadline
Filing a lawsuit after the statute of limitations has expired can have serious consequences. In most cases, if you attempt to file a lawsuit after the deadline, the court will dismiss your case, and you’ll lose your right to seek compensation for your injuries.
Why Prompt Action is Crucial
Given the complexities of these time limits and the potential for exceptions, consulting with a knowledgeable attorney as soon as possible after an injury occurs is advisable. Schierer & Ritchie, LLC, has experience handling various personal injury cases. We can help you understand how the statute of limitations applies to your situation.
Seek Timely Legal Guidance for Your Personal Injury Case
If you’ve been injured and are considering legal action, don’t let time slip away. The attorneys at Schierer & Ritchie, LLC are here to help you navigate the complexities of personal injury law in Illinois. We can assess your case, explain your rights, and help you understand the time limits that apply to your situation.
Every case is unique, and this information should not be considered legal advice. For personalized guidance tailored to your specific circumstances, we encourage you to contact our office to arrange a consultation. Our team is committed to providing attentive, diligent representation to individuals seeking justice after an injury.
Contact Us Today
Don’t let the statute of limitations jeopardize your right to seek compensation. Contact Schierer & Ritchie, LLC today to discuss your potential personal injury claim.
