If you are a person injured in an accident or if a family member has lost their life due to negligence, understanding the Illinois statute of limitations for personal injury claims is critical. The statute of limitations applies to all personal injury lawsuits, including wrongful death claims and medical malpractice lawsuits, and certainly to government agencies. The statute of limitations period begins on the accident date when the injury occurred, or in some cases, on the discovery date if the harm was not immediately apparent. If the statute of limitations expires before you file a personal injury suit, you may lose your right to pursue legal action against the party responsible.
The applicable statute of limitations for your specific personal injury case or wrongful death suit may vary depending on factors such as whether the victim was a deceased person whose death occurred due to negligence or if the injured party is legally disabled.
We understand the complex legal process of the statute of limitations for personal injury and fatal accident cases and will fight for the financial recovery you deserve. Contact our experienced injury lawyers in Chicago at 312-321-1111 for a free consultation.
What is the Statute of Limitations in Illinois?
The two-year statute of limitations in Illinois requires that most victims file a personal injury lawsuit within up to two years from the accident date or the date the statute of limitations begins for the victims’ specific circumstances.
In some personal injury cases, the deadline to file a lawsuit may be extended if the injured party did not immediately discover his or her injuries. If the victim received notice of the harm later, the statute of limitations begins from the date of discovery, as long as they acted with reasonable diligence to uncover the cause. Failing to file suits within the legal timeframe in Illinois can prevent victims from seeking financial recovery for medical expenses, lost wages, and other damages.
What is the Statute of Repose in Illinois?
The statute of repose in Illinois sets an absolute deadline for filing certain legal claims. Unlike the statute of limitations, which typically begins when harm is discovered or reasonably should have been discovered, the statute of repose places a firm time limit based on the incident date, after which no personal injury lawsuits filed will be valid.
For medical malpractice, Illinois law generally requires victims to file a lawsuit or give notice of medical malpractice claims within four years of the malpractice occurred, even if the injury was not immediately discovered.
For product liability cases, the statute of repose is typically 10 years from the date the defective product was sold or manufactured.
Similarly, construction negligence claims have a 10-year statute of repose from the completion of the project.
This law is designed to protect defendants, such as medical professionals, manufacturers, and contractors, from indefinite liability. Consulting an experienced personal injury attorney in Chicago is crucial to ensuring personal injury cases are filed before the filing deadline passes.
Illinois Statute of Limitations Chart
How Long Does an Insurance Company Have to Investigate a Claim in Illinois?
In Illinois, an insurance company must acknowledge an insurance claim within 15 working days and investigate it in good faith. While there’s no strict deadline for insurance companies to complete the process, unreasonable delays may be considered unfair claims practices. The Illinois statute of limitations period begins on the incident date, meaning the statute of limitations applies and claimants generally have up to two years to file suit before the statute of limitations expires. If you’ve received written notice of a denial or delay, consult an experienced personal injury attorney quickly.
Discovery Rule and Delayed Filing
The discovery rule in Illinois allows a person injured to file a lawsuit beyond the applicable statute of limitations deadline if they were unaware of their injuries when the injury occurred. Instead of the statute of limitations period starting on the accident date, it begins on the discovery date, when the injured person first knew or should have known about his or her injuries through reasonable diligence. If fraudulent concealment prevented the injured person from discovering the harm, Illinois law may extend the time to file a personal injury lawsuit. Once the action accrued, victims must act quickly to file suit before the statute of limitations expires and they lose their right to seek compensation.
Statute of Limitations For Minors, Legal Disabilities, and Specific Circumstances
In Illinois, the statute of limitations applies differently when a person is a minor, has a legal disability, or falls under specific circumstances that prevent them from filing a lawsuit on time.
If the person needing to pursue a personal injury claim is legally disabled at the time the injury occurred, the statute of limitations in Illinois begins only when they regain legal capacity.
For childhood sexual abuse cases, Illinois law extends the applicable statute of limitations, allowing survivors of childhood sexual abuse to file a lawsuit up until age 43, or within 20 years from the date of discovery if the childhood sexual abuse was not immediately recognized.
For other forms of sexual abuse, victims may also have extended applicable statutes of limitations, especially if fraudulent concealment was involved, delaying when they received notice of the harm.
These exceptions ensure that minors, those with legal disabilities, or personal injury cases involving delayed recognition of sexual misconduct are not unfairly prevented from filing a lawsuit in Illinois.
We have truly skilled sexual assault and child injury lawyers in Chicago. We have extensive experience handling these personal injury cases. If you or your child has suffered this unimaginable act, call for a free consultation.
Illinois Statute of Limitations for Personal Injury Lawsuits
In Illinois, the two-year statute of limitations for personal injury claims sets a strict deadline for victims to pursue a personal injury lawsuit. The filing deadline generally starts on the incident date, but in some personal injury cases, exceptions may apply. Factors such as the discovery rule, personal injury claims involving minors or those with a legal disability, and lawsuits filed against government agencies can impact the statute of limitations in Illinois. If you’re an injured person, understanding these variations and when the statute of limitations applies to your personal injury case is critical.
Medical Malpractice Statute of Limitations: Illinois
For medical malpractice, Illinois law for statute of limitations requires that medical malpractice lawsuits be filed within two years from the date the patient knew or should have known that medical negligence occurred. However, under Illinois law, no medical malpractice case can be filed more than four years after the medical negligence took place, regardless of when the medical malpractice case was discovered. For minors under 18, a medical malpractice claim must be filed within eight years but no later than their 22nd birthday. The medical malpractice statute of limitations in Illinois makes it critical for victims of medical negligence to act quickly, as failing to file medical negligence claims within these deadlines can bar them from seeking compensation.
Consulting a Chicago medical negligence lawyer can help ensure that medical malpractice claims are properly handled and filed on time and drastically increases the chances of winning a medical malpractice lawsuit in Illinois.
Illinois Statute of Limitations Property Damage
In Illinois, the statute of limitations for property damage generally allows victims to file a lawsuit within five years from the date the property was damaged. This applies to personal injury cases involving vehicle damage, property damage from negligence, or other losses caused by another party’s actions. If the claim is against government workers, varying applicable statutes of limitations apply under Illinois law.
Illinois Car Accident Statute of Limitations
The car accident statute of limitations in Illinois generally requires victims to pursue a personal injury lawsuit within two years from the car accident date and five years for property damage claims. In a hit-and-run accident in Illinois, the two-year limit under the statute of limitations still applies, even if the at-fault driver is never found. However, victims may need to file an insurance claim with their own insurance company. Missing the deadline for filing personal injury claims can prevent you from recovering damages, so consulting a Chicago car wreck attorney as soon as possible is crucial to protecting your rights.
What is the Statute of Limitations in Illinois Concerning Alcohol-Related Suits?
In Illinois, the statute of limitations for personal injury suits involving alcohol-related accidents is generally two years from the accident date. If the injury occurred due to an intoxicated driver, victims can file a personal injury lawsuit against the at-fault driver, who may also face criminal charges.
Additionally, under Illinois dram shop liability, bars or establishments that overserved the driver may be held liable, but such claims have a one-year statute of limitations. To ensure your personal injury claim is filed on time, consult a Chicago drunk driver accident lawyer.
Illinois Workers’ Compensation Statute of Limitations
The statute of limitations in Illinois for personal injury claims based on workplace accidents depends on the type of claim.
For workers’ compensation claims, employees have three years from the accident or two years from the last payment of benefits to file.
However, if a third party caused the accident, a separate third-party personal injury lawsuit must be filed within two years. Navigating these deadlines can be complex, so consulting a Chicago workplace injury lawyer is crucial to ensuring such claims are filed on time.
How Long Do You Have to Sue a Government Agency in Illinois?
If you need to sue the government in Illinois, the statute of limitations for claims based on government negligence depends on whether the personal injury case involves government entities at the state or local governmental level.
Under the Illinois Court of Claims Act, personal injury claims against the state must be filed within one year with the Attorney General, and victims must file a lawsuit formally within two years.
For local governmental bodies, the Tort Immunity Act requires plaintiffs to provide written notice within one year and file a claim based on harm or property damage within two years. The Tort Immunity Act also grants certain protections to government entities, making such personal injury cases more complex. Since the Illinois Court of Claims Act imposes strict rules, working with an attorney familiar with the Attorney General’s procedures is essential.
Illinois Wrongful Death Statute of Limitations
The statute of limitations for wrongful death suits in Illinois requires that families file a lawsuit or wrongful death claim within two years from the date the death occurred. If the deceased person dies due to negligence, their family members may pursue a wrongful death suit to recover damages. However, certain exceptions may extend the statute of limitations for wrongful death suits in Illinois, such as wrongful death claims involving minors or against government agencies.
Consult an experienced wrongful death lawyer in Chicago, IL, as soon as possible.
What Happens If You Miss the Statute of Limitations to File a Lawsuit in Illinois?
If you fail to file a lawsuit before the statute of limitations in Illinois expires, your personal injury case will likely be dismissed. However, exceptions may apply. Under the discovery rule, deadlines may be extended if victims use reasonable diligence but are unaware that the injury occurred. If the plaintiff had a legal disability, such as being a minor or mentally incapacitated at the time the action accrued, the statute may be paused until the legal disability is resolved.
Only an experienced attorney can help determine if you can still file a lawsuit in Illinois.
Why You Need an Experienced Personal Injury Lawyer in Chicago, Illinois
An experienced personal injury lawyer can help protect your rights by ensuring you pursue personal injury claims before the time to file a lawsuit expires. We handle legal complexities, gather evidence, and negotiate for fair compensation. Call 312-321-1111 for a free consultation.
