People often call our offices asking if it is too late to make a claim or file a lawsuit for injuries they have sustained. The time in which a lawsuit must be filed against a person or entity responsible for your injuries is governed by a statute of limitations. This law sets forth the time in which you must file a lawsuit. The deadlines are strictly enforced, and if you fail to file a lawsuit within the prescribed time, all of your rights to recover damages for your injuries will be forever lost. Below are some of the most common time limits for the filing of a lawsuit in the State of Illinois.
PERSONAL INJURY. If you have been injured by the negligence of another person or company, a lawsuit must be filed within 2 years of the date of the incident. This applies to vehicle accidents, slip and falls, dog bites and most other cases for injuries caused through negligence.
WRONGFUL DEATH. If a loved one has been killed due to the negligence of another person or entity, a lawsuit must be filed within 2 years of the date of the incident which caused the death.
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PERSONAL INJURY AGAINST A GOVERNMENT ENTITY/MUNICIPALITY. If you have been injured through the actions of a government employee, a city, a park district, a school district or any other governmental entity or municipality, a lawsuit for injuries must be filed within 1 year. There are also special rules for some government entities so consulting with an attorney as soon as possible is recommended.
INJURIES ON THE JOB. If you have been injured in the course and scope of your employment, commonly known as a Worker’s Compensation Claim, you must file the claim within 3 years of the date of occurrence or within 2 years of the date the injured employee last received workers compensation benefits, whichever is later.
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INJURIES TO MINORS. In most cases, Illinois law permits lawsuits to be filed on behalf of minors until the minor reaches age 18, no matter when the injury occurred. Additionally, a minor who has now turned 18, has until the date of his or her 20th birthday to file a lawsuit for injuries occurring while they were a minor.
MEDICAL NEGLIGENCE/MALPRACTICE. If you were injured through the negligent act of a medical professional, a lawsuit must be filed within 2 years of the date you knew or should have known of the possibility of malpractice, but in no event more than 4 years from the date the malpractice occurred. There are some exceptions to this rule. Also, regarding minors, a lawsuit must be filed within 8 years of the date of the alleged malpractice or by the date the injured person turns age 22, whichever comes first.
There are exceptions to the above and you should always consult an attorney well before you believe there might even be an issue as to the time of the required filing of a lawsuit. For more information and resources, visit our website at payonklaw.com, or call us for a free consultation at 708-633-6005.
