How Long Do I Have to File a Personal Injury Lawsuit in Illinois?

If you’ve recently been injured in a slip and fall accident or a car accident, you might be concerned about how much time you have to file your personal injury lawsuit. Every state has a statute of limitations that limits how long you have to file a claim. In Illinois, the statute of limitations is 2 years from the date on which the accident occurred. In this article, the Champaign, Illinois personal injury lawyers at Patel Law, P.C. will discuss the statute of limitations and how it applies to personal injury lawsuits.

Understanding the statute of limitations 

On the date that you are injured, the statute of limitations begins ticking down. From that date, you have two years to file a personal injury lawsuit to recover damages for your injury. This is true even when the accident is fatal. Wrongful death lawsuits are personal injury lawsuits and therefore have the same statute of limitations. However, if an individual sustains an injury and later dies of their injuries, the statute of limitations is tolled till the date of their death. In other words, the clock on a wrongful death lawsuit begins on the date of the decedent’s death rather than the date when the accident occurred.

The issue of “tolling” is important to understand because in some cases, you may have more than two years depending on when the clock begins ticking. For example, a medical malpractice lawsuit against a doctor is similar to a wrongful death suit insofar as the clock begins ticking on the date when the injury is discovered as opposed to the date when the doctor operated on the patient. However, once the patient discovers the injury, the lawsuit must be filed within four years of that date. For victims under the age of 18, the statute of limitations is 8 in a medical malpractice lawsuit. No claim can be filed after the patient’s 22nd birthday.

What happens if I try to file suit after the statute of limitations has expired? 

The most likely outcome is that your case will be dismissed. However, you may be able to argue that you suffered delayed onset injuries or injuries that don’t show up right away. If that was the case, then the statute of limitations can be tolled to the date you discovered the injury. In truth, your personal injury attorney can make several arguments that postpone the clock ticking on the statute of limitations.

Exceptions include:

• When the victim is under 18, the statute of limitations can be tolled till their 18th birthday
• The victim has a legal disability—the clock ticks when it’s resolved
• If the defendant leaves the state of Illinois, the statute of limitations pauses

Talk to a Decatur, IL Personal Injury Lawyer Today 

Patel Law, PC represents the interests of plaintiffs in personal injury lawsuits. Call our Decatur personal injury lawyers today to schedule a consultation and we can begin investigating your claims right away.