What is Statute of Limitations in Illinois?
Following any type of accident that causes personal injury or damage, your focus is likely to be on recovering and returning your life back to normal. If another party’s negligence was responsible for your losses, however, you only have a limited amount of time under Illinois law in which to file a claim seeking financial retribution from that party. If a claim is not filed with the court within that time period, then your claim is automatically extinguished forever, regardless of the merits of the claim.
When you timely retain a qualified Chicago Injury Attorney of Friedman & Bonebrake, P.C., you are protected from statute of limitations defenses asserted by the opposing side. We are knowledgeable of these laws in all areas of tort and consumer protection law and will make sure that your claims are preserved through timely filing of suit.LIMITS FOR PERSONAL INJURY CLAIMS
The statute of limitations applicable to a particular case varies depending on the type of case filed, who is filing the case, and the entity against whom the case is filed. Here are some examples of some common types of cases filed by Friedman & Bonebrake, P.C.:
In medical malpractice cases, the time in which one must file suit against health care practitioners is two years from the date of the incident (with possibly more time only if you are a minor, the defendant concealed his negligence from you, or if you can prove you were unaware of your claim until after the injury actually occurred. ) However, under the medical malpractice statute of repose, you have a maximum of only four years to file suit from the date of the negligent act, regardless of when you actually found out about your injury. Given this complicated set of rules, it is essential that you contact an attorney as soon as you know you are injured and you believe that the injury may have been wrongfully caused by a health care practitioner. The attorney must then timely investigate the claim to make sure ALL necessary parties are sued in court before the statute of limitations and repose expire.
In most personal injury cases, the statute of limitations is typically two years from the date of the occurrence, with possibly more time afforded to you for the reasons referenced above. However, where the negligent party is a municipality or a government entity, the statute of limitations is typically only one year from the date of the occurrence against such entities.
These are just a couple of examples demonstrating why it is so essential for you to contact an attorney immediately after an injury to make sure the attorney has time to investigate in order to file suit against ALL necessary parties (you may not even know who they are, or what their legal names are) before the statute of limitations expires.
In cases involving minors, the minor typically has two years from the date of his/her 18th birthday to file a lawsuit. If a municipality is a defendant, the minor only has one year from the date of his/her 18th birthday to file a lawsuit.
Again, there are exceptions; therefore, it is critical that you immediately contact a personal injury attorney as soon as you become aware that you were injured to determine if you have a viable claim and to make certain that you file your lawsuit in a timely manner. The lawyers at Friedman & Bonebrake, P.C. will provide you with a free consultation and we handle all personal injury and medical malpractice claims on a contingency fee basis.