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The Illinois Statute of Limitations – What You Need to Know

Published on February 28th, 2025

If you’ve been hurt in an accident in Illinois, you might be thinking about filing a personal injury claim. But did you know there’s a time limit for doing this? This time limit is called the statute of limitations, and it’s super important to understand. Let’s break it down in plain terms.

What is a Statute of Limitations?

Think of the statute of limitations in Illinois as a countdown clock. It starts ticking from the day you get injured. Once it runs out, you can’t file a lawsuit anymore. That’s why it’s crucial to know how much time you have.

How Long Do You Have in Illinois?

In Illinois, you usually have two years from the date of your injury to file a personal injury lawsuit. This applies to most cases, like car accidents, slips and falls, and other injuries caused by someone else’s carelessness.

Why is There a Time Limit?

You might wonder why there’s a deadline at all. Well, there are a few reasons for the limitation:

  1. It helps ensure that evidence is still fresh and witnesses can remember what happened.
  2. It’s fair to the person being sued, so they don’t have to worry about getting sued for something that happened a long time ago.
  3. It encourages people to file their claims promptly.

Are There Any Exceptions?

Yes, there are a few situations where the two-year rule might not apply:

Medical Malpractice Claims

For injuries caused by doctors or hospitals providing medical care, you have two years from when you discovered (or should have discovered) the injury.

Minors Injury Claims

If the injured person is under 18, the clock doesn’t start ticking until their 18th birthday.

Government Cases

If your injury involves a government entity, you might have a much shorter time to file a notice of claim – sometimes just one year.

What Happens if You Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This means you’ll lose your chance to get compensation for your injuries.

What Should You Do After an Accident?

If you’ve been injured in an accident, it’s best not to wait. Here’s what you should do:

  1. Get medical help right away.
  2. Keep all records related to your injury and treatment.
  3. Talk to a personal injury lawyer as soon as possible. An experienced attorney can help you understand your rights and make sure you don’t miss any important deadlines.

Warehouse worker making an emergency call, asking for first aid team after accident. Injury at work.

Daniel E Goodman – Personal Injury Attorneys

Remember, two years might seem like a long time, but legal cases can take a while to prepare. It’s always better to start the process early rather than risk running out of time.

Understanding the statute of limitations is crucial for protecting your rights after an injury. If you have any questions or need help with a personal injury claim, contact The Law Office of Daniel E Goodman.

Call us today for your initial free consultation. Allow us to guide you through the process and help ensure you don’t miss this important deadline.

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