One of the reasons we are careful in our actions is because they affect not only us but also others. Personal injury lawsuits typically arise because one individual or group of individuals were not mindful of their actions. It can be because they were negligent or they intentionally chose to act in a way that would hurt someone else.
Therefore, if you were hurt in any event or accident caused by someone else’s negligence in Illinois, you can take legal action. However, Illinois personal injury law gives you a certain amount of time to file an insurance claim or lawsuit.
This time is referred to as the statute of limitations; once this time elapses, you forfeit your chance to get compensation. This article, therefore, looks at the statute of limitations the state of Illinois puts on personal injury cases.
The Statute of Limitations Based on the Type of Personal Injury Claim
Generally, the statute of limitations for filing a personal injury claim in Illinois is two years. However, that time is subject to a few factors, including the specific circumstances surrounding the case. Meanwhile, the timeframe starts running from the date you sustained the injury, meaning you have until your accident’s second anniversary to sue.
The types of personal injury claims with a two-year statute of limitations include:
- Car accidents
- Motorcycle accidents
- Bicycle accidents
- Truck accidents
- Pedestrian accidents
- Nursing home abuse and neglect
- Premises liability matters such as dog bites and slip and fall accidents
- Workplace accidents
- Construction site accidents
- Product liability cases
- Wrongful death
However, while two years is the general deadline for filing a personal injury claim in Illinois, some cases may require longer. For example, cases involving workers’ compensation claims, medical malpractice, and government tort claims have a longer deadline.
Workers’ Compensation
A claim for workers’ compensation is not exactly a lawsuit, but it also fits into the personal injury law. Furthermore, the claim provides an avenue for injured workers to recover compensation for work-related illnesses and injuries.
Under Illinois law, the statute of limitations for workers’ compensation benefits is three years from the date of injury. Or two years from the date you received your last benefits.
Medical Malpractice
Medical malpractice lawsuits follow the general two-year statute of limitations in Illinois but with a slight twist. That is, the rules for when the clock starts running are different from those for medical malpractice cases.
The reason for this is that some injuries do not manifest right away, and patients will need additional time to pursue compensation. Typically, the time for these cases starts running when:
- You knew you were injured
- Received written notice of your injury
- Or when you should have known you were injured
Government Tort Claims
Government tort claims have the shortest statute of limitation, besides the fact that the government traditionally follows sovereign immunity. Being protected by sovereign immunity means they cannot be sued for certain types of personal injuries except under the following:
- The Local Governmental and Governmental Tort Immunity Act and
- Illinois Court of Claims Act
Therefore, if you were injured due to government negligence, or if it contributes to it, you can probably file a claim. You have:
- One year from the day you were injured to file with the Court of Claims and Attorney General
- One year from the accident date to file a lawsuit with the Court of Claims
Or, under the Local Governmental and Governmental Tort Immunity Act, you have:
- One year for willful and wanton misconduct
- Two years for medical negligence
Conclusion
When in doubt consult with a local personal injury attorney. Most injury attorneys off a free consultation so it never hurts to reach out with questions.
