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HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CASE IN ILLINOIS?

09/05/2023 |

If you or someone you know has been injured in an accident because someone else was negligent you may be entitled to monetary compensation for your injuries. However, you won’t have an unlimited amount of time to file a lawsuit because every state has its own time frame which is referred to as the statute of limitations. Once this period has passed, it is no longer possible to file a claim or case related to the alleged incident. As the injured party, you risk losing your right to seek compensation for damages.

In Illinois, the statute of limitations for personal injury cases is two years from the date of the incident. For example, if you were injured on May 5, 2020, you would generally have until May 5, 2022 to make your claim, or you will be unable to seek compensation for your injuries.

The two-year deadline applies to personal injury cases involving:

  • Motor vehicle accidents
  • Product liability cases
  • Wrongful death
  • Premises liability matters

  • Construction accidents

  • Nursing home abuse and neglect

  • Workplace accidents

  • Pedestrian accidents

  • Bicycle accidents

In some instances, there can be exceptions to this rule where the Illinois law provides that the statute of limitations can be paused. Instances could be:

  • The victim is a child at the time of their accident
  • The plaintiff suffers from a disability that prevents them from bringing a claim
  • The injuries weren’t identifiable right away
  • The defendant has filed for bankruptcy
  • A government entity caused an injury or if it is not immediately known who caused the injury

It is important to remember that filing a lawsuit does not necessarily mean that you will receive compensation for your injuries. However, if you fail to file in time, you will lose your right to pursue a personal injury case and you cannot seek compensation for your damages. Someone that feels they may have such a claim should consult with an experienced attorney at their earliest opportunity to allow for an ample amount of time to investigate the potential statute of limitations applicable in that given potential case.

Experienced personal injury attorneys at Meyers & Flowers can help you understand the statute of limitations in Illinois and advise you of your legal options. They can also help you determine whether you have a valid claim and assist in filing the appropriate paperwork in time. Seeking advice is an essential step towards seeking justice and compensation for the injuries that you or a loved one have suffered due to another’s alleged wrongful conduct.  Contact Meyers & Flowers today to request a free case evaluation at (630) 576-9696 or by clicking here. 

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