Filing personal injury claims in Illinois? According to Illinois state law, you have two years to do this or forfeit your claim. This time limit is called a statute of limitations and it starts from the date of the accident in most cases. However, in some cases, it can start from the date of the discovery of the injury, which is called a ‘discovery date.’
If you are filing a suit against a county or city, you have one year to file a lawsuit. While the time limit is still two years, a formal claim has to be made in one year.
Exceptions for Personal Injury Cases You Should Be Aware Of
One of the most common exceptions to the statute of limitations in Illinois involving personal injury cases pertains to the age of the victims. If they are under 18 years of age, the time limit will not be effective till they are 18 years old. In some cases, they can also be allowed to file the lawsuit when they turn 20 years old.
The limit can also be extended if the harm suffered from the injury is discovered later. In this case, you will need professional personal injury lawyers to convince a judge of this on your behalf.
Why Is There A Time Limit To File A Personal Injury Lawsuit?
Why is there a time limit on your right to sue for personal injuries in Illinois? One of the main ones pertains to the passage of time. As time passes, determining an injury claim in court becomes more difficult since the evidence can corrupt with age and may even be lost. Plus, the involved parties may also dispose of documentation and records may fade, both of which are critical if you want to seek compensation.
This is important because proving a personal injury case in court is predominantly dependent on the hard evidence that is presented in court. The more time passes between the incident and the case, the more evidence can deteriorate. Video evidence can be erased easily after all. Plus, the defendant will know that he/she has to compensate you before the due date or face the consequences.
So in the eyes of the law, you should claim compensation for an accident within a reasonable amount of time, which in this case, is within the statute of limitations. It can mean the difference between receiving compensation and paying out of pocket. Depending on your injuries, the damages can amount to thousands of dollars, especially if recuperation can take a year or more.
At I Am Calling My Lawyer, we don’t want this to happen to you. We have personal injury lawyers in Schaumburg who have extensive experience handling personal injury cases like yours. Our 50 years of combined legal experience includes cases that involve car accidents, wrongful death suits, mesothelioma, and more. We are not afraid to stand up for your rights so if you are filing Personal Injury Claims In Illinois, get in touch with us first in Schaumburg, IL.