Limitations Periods for Personal Injury Claims in Illinois
Statutes of limitations in Illinois place a time limit on how soon after being hurt, one can initiate a lawsuit. The defendant may urge the judge to reject the lawsuit as untimely if it is brought after the statute of limitations has run or after the period has passed. Distinct types of injuries have different statutes of limitations. A person typically has two years from the date of their accident to bring a lawsuit for their personal injury claim.
Although some legal theories help to extend the statute of limitations deadline, these theories shouldn’t be depended upon. Contact a personal injury lawyer in Rockford, IL to get help with your claims.
Illinois personal injury statutes of limitations:
To file a claim for a personal injury claim, a person generally has two years from the date of the injury; however, different limitation periods apply to various kinds of injuries. Additionally, as we will see below, various legal theories can be used to prolong the period set by an Illinois statute of limitations.
Personal injury in general:
735 ILCS 5/13-202 contains the statute of limitations that often applies to personal injury cases in Illinois. You get two years from the day of the accident to file a personal injury claim. The claim for personal injury is referred to as the “cause of action.”
Typically, the date the damage occurs is when the claim “accrues.” However, in rare circumstances, one or more legal concepts may alter the accrual date, as detailed in more detail below.
The statute of limitations for injuries sustained by medical misconduct is distinct in Illinois. Such claims are subject to a 2-year statute of limitations under 735 ILCS 5/13-212. The clock on the statute of limitations starts ticking on the day when a person either (1) realized, (2) should have known, using due care, or (3) obtained formal notification of the damage.
Illinois’s repose statute:
A statute of repose is also included in Illinois’ Section 13-212. Statutes of repose and statutes of limitations establish deadlines for filing lawsuits, but unlike statutes of limitations, which count from when a claim accrues, statutes of repose measure time from a specific date. Even though the statute of limitations has yet to run, a lawsuit will be dismissed if it is submitted after the period of repose has passed.
According to 735 ILCS 5/13-212, the statute of repose, the damage must be reported within four years of the act, inaction, or incident that caused it.