If you were in an accident in Illinois, you can sue for your losses. It is important to act quickly in Illinois because there is only a limited time to file a claim. Learn about the Illinois statute of limitations for personal injury claims. Then talk to our personal injury lawyers in Woodstock for a free consultation.
The statute of limitations in Illinois for personal injury claims is two years. This means that you have only two years from the date of the injury to file a claim. Therefore, you should hire an attorney quickly after the accident to ensure they have plenty of time to investigate your claim. Also, if you have a medical malpractice claim, the statute of limitations ‘clock’ starts on the date of the injury or when you become aware of it. However, if the victim of the injury was a child, The statute of limitations runs for eight years from the date of the injury. Therefore, you must file a personal injury claim no later than the person’s 22nd birthday. The judge may dismiss your case if the claim is filed after the child’s 22nd birthday.
Why is there a statute of limitations to file a personal injury lawsuit in Illinois? It is more challenging to prove your injuries in court. Evidence may disappear, and witnesses may die or move away. Also, people may lose or throw away essential documents and records to prove liability. Your attorney will attempt to prove your injury claim in court with the most compelling evidence possible. The longer the time between the injurious act and the start of the suit, evidence could melt away. Also, a two-year statute of limitations allows the defendant to move on with their lives without being afraid of a lawsuit years from now. Illinois state law requires you to file your claim in a reasonable period of time from the date of injury.
There are injury cases in Illinois where the plaintiff did not know they were injured for years after the incident. This is where the ‘discovery rule’ comes into play. You may have more time to file a claim if you only discovered your injury after the statute of limitations expired. However, it is still important to file the claim as soon as possible because the discovery rule has a limited scope.
Were you hurt in an accident recently caused by someone’s negligence? You could be entitled to compensation in a personal injury lawsuit. However, it is vital to contact personal injury attorneys in Woodstock before the statute of limitations expires. The personal injury attorneys at Robert T. Edens, P.C. can help you get maximum compensation for your personal injury claim now. Contact our Woodstock personal injury lawyers today at (847) 395-2200. Our attorneys also serve the communities of Chicago, Waukegan, Libertyville, and Woodstock.