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Personal Injury and the Statute of Limitations

by jamesbizzieri | Oct 13, 2021 | Blog, Personal Injury

Hourglass

When you’ve suffered a personal injury due to someone else’s negligence, it’s essential to understand your legal rights and options. One crucial aspect to consider is the statute of limitations, which sets a time limit for filing a lawsuit. In this article, we’ll explore the statute of limitations in Illinois, its application to personal injury cases, and the importance of seeking legal counsel promptly.

What is the Statute of Limitations?

The statute of limitations is a legal time frame within which a lawsuit must be filed. It varies by state and depends on the type of case. In Illinois, the statute of limitations for personal injury cases is typically two years from the date of the injury. This means that if you don’t file a lawsuit within two years, you may be barred from seeking compensation.

How Does the Statute of Limitations Apply to Personal Injury Cases?

The statute of limitations applies to various types of personal injury cases, including:

  • Car accidents: If you’re injured in a car accident, you have two years from the date of the crash to file a lawsuit.
  • Slip and fall accidents: Similarly, if you’re injured in a slip and fall accident, the two-year time frame applies.
  • Medical malpractice: For medical malpractice cases, the statute of limitations is also two years, but it may be extended in certain circumstances, such as if the injury wasn’t discovered until later.

Exceptions to the Statute of Limitations

While the statute of limitations is generally two years, there are exceptions and nuances to consider:

  • Minors: If the injured person is a minor, the statute of limitations may be extended until they turn 18.
  • Discovery rule: In cases where the injury wasn’t immediately apparent, the statute of limitations may start from the date of discovery.
  • Tolling: In certain situations, the statute of limitations may be paused or “tolled,” allowing more time to file a lawsuit.

The Importance of Seeking Legal Counsel Promptly

It’s crucial to consult with a personal injury attorney as soon as possible after an injury. They can help you:

  • Understand your rights: A lawyer will explain the statute of limitations and its application to your case.
  • Gather evidence: Your attorney will help collect evidence, witness statements, and medical records to support your claim.
  • Meet deadlines: They will ensure that all necessary paperwork is filed within the required time frame.

Consequences of Missing the Statute of Limitations

If you miss the statute of limitations, you may be unable to file a lawsuit and seek compensation. This could result in:

  • Lost financial support: You may be unable to recover damages for medical expenses, lost wages, and other related costs.
  • Emotional distress: The stress and anxiety of dealing with an injury can be compounded by the loss of legal options.

Conclusion

The statute of limitations is a critical aspect of personal injury law in Illinois. Understanding your rights and options is essential to ensuring you receive fair compensation. If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.

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