Facts About Statute of Limitations for Personal Injury Issues in Illinois

You may deserve compensation if you sustain harm in Illinois due to someone else’s negligence.

However, you have a limited duration to institute an insurance claim or suit. The state has a statute of limitations on personal injury matters. 

You lose the opportunity to institute a claim, uphold your rights, and request deserved compensation after the expiration of the statute of limitations. 

This piece discusses essential facts about the statute of limitations in Illinois and how you can act quickly to receive maximum compensation.

How Long Do I Have to Institute a Personal Injury Claim or Lawsuit?

The general statute of limitations in Illinois for personal injury is two years. However, certain occurrences in your case might dictate a different deadline. 

The clock starts ticking the day you sustain the injury under the state rules. Thus, you lose the opportunity to file a claim and demand compensation after the second anniversary of the incident. Specifically, the two-year deadline applies to motorcycle mishaps, nursing home abuse and neglect, construction mortality, pedestrian accidents, car collisions, premise liability issues, and truck accidents. Others include bicycle accidents, product liability matters, workplace mishaps, and wrongful death. 

However, the state has unique statutes for government tort claims, claims for workers’ compensation benefits, and medical malpractice cases. We will shed light on the three shortly.

Government Tort Claims

Conventionally, the government enjoys sovereign immunity, which protects it from liability in some personal injury cases. However, the Local Government and Governmental Employees Tort Immunity Act and Illinois Court of Claims Act spell out exemptions to this immunity. For instance, you can file a claim against the local municipality or state authorities if their negligence triggers your mishap or harm. 

You have a year to institute a claim based on wanton or intentional misconduct and two years for medical negligence under the Local Government and Governmental Employees Tort Immunity Act. Further, you have a year to file a notice with the Court of Claims and Attorney General or a lawsuit under the Illinois Court of Claims Act. It is crucial to quickly give notice of your claim to keep your right to compensation.

Medical Malpractice

You must also file a medical malpractice lawsuit within two years of the incident. However, the rules for when the clock starts ticking vary. 

The statute of limitations starts ticking for medical malpractice issues the earlier you learned about the harm, should have known of the harm, or should have gotten a formal notification. 

You have more time to pursue compensation if it is challenging to discover your injuries immediately. 

Workers’ Compensation

Although a workers’ compensation claim for benefits is not a suit per se, it is a platform for hurt employees to recover monetary compensation for work-triggered harm and sicknesses in the jurisdiction. 

You must file a claim three years from your injury date or two years after your last benefits under the Illinois Workers' Compensation Act. 

It is advisable to quickly begin the claims process to preserve your right to compensation. 

What Are the Exceptions to the Statute of Limitations in Personal Injury Matters?

Sometimes, the two-year deadline will appear unfair and impracticable. Illinois law allows those concerned to “toll” the statute of limitations under these circumstances. Tolling entails pausing the statute of limitations until the resolution of a problem. 

Specifically, you may toll the statute of limitations if:

• You cannot find the defendant, or they have left Illinois

• The victim is a minor during the mishap

• You suffer a disability that hinders you from filing a claim

Also, you can toll the statute of limitations under the discovery rule. In this context, the deadline clock will start ticking once you know or should have known you had an injury due to someone else’s negligence. The statute of limitations duration begins to count on the discovery date. 

Generally, injured Illinois children have until their 20th birthday to institute a lawsuit if their parent or guardian has yet to initiate the process for them.

The statute of limitations period pauses when a disabled individual sustains harm in Illinois until the person recovers from their disability. 

A Statute of Repose in Illinois

Illinois has a statute of repose, similar to the statute of limitations. However, a statute of repose directly relates to your injury date. It gives a firm deadline for when to institute a lawsuit or claim, even if your statute of limitations has yet to start ticking. 

The statute of repose is four years from the date you sustain an injury under 735 ILCS 5/13-212. This standard applies to medical negligence claims and general personal injury cases.

However, the state has an elongated statute of repose for product liability issues. You must file your product liability lawsuit within 12 years of purchasing the faulty product according to the 735 ILCS 5/13-213(b). 

Why Illinois Has a Statute of Limitations on Civil Personal Injury Matters

The essence of the statute of limitations on personal injury matters in Illinois is to ensure a quick pursuit of justice. There are numerous advantages to starting the legal adventure for damages immediately after a mishap. They include:

• Preservation of relevant proof

• The event is still fresh in the memories of witnesses and can provide an accurate report

• You can still get the compensation that is crucial for expensive medical bills, lost earnings, and other financial needs

• Filing a lawsuit after several years of an incident may blindside the defendant

Conclusion

You must be conscious of your filing deadline to institute a lawsuit for a personal injury case. As discussed in this piece, the authorities may extend the deadline based on some peculiarities of your case. However, waiting for extensions before swinging into action is not advisable. 

“The best way to set yourself up for success in this context is by quickly engaging an Illinois personal injury attorney after your accident. Most attorneys offer a free consultation. Thus, you can quickly discuss your case and how to file a lawsuit for maximum compensation,”  says personal injury attorney Ron Wittmeyer of The Law Offices of R.F. Wittmeyer, LTD.