In this Article:
- Statute of Limitations Definition
- What is the Discovery Rule?
- What is the Illinois Statute of Limitations
- Reasons to File a Personal Injury Claim
- Why Contact a Personal Injury Lawyer?
Statute of Limitations Definition
When injured due to another person or entity’s negligence, a civil lawsuit may be filed to receive compensation for damages. However, every state has limitations on the time injured victims have to file a claim.
A statute of limitations is a law that sets the maximum time that parties have to initiate a civil lawsuit.
What is the Discovery Rule?
The discovery rule dictates that the statute of limitations on bringing a claim starts when the injured party discovers or reasonably should have discovered the injury, not when the injury occurred.
For example, say you underwent a surgical procedure and initially, there seemed to be no complications. However, a year later, you begin to experience medical issues that you discover were caused by medical negligence in your surgery.
The discovery rule says that the statute of limitations to file a medical malpractice claim starts when you discovered the injury, a year later, not when the injury occurred during your surgery.
What is the Illinois Statute of Limitations?
In Illinois, the statute of limitations in a civil case depends on the type of case being pursued: personal injury, medical malpractice, wrongful death, property damage, or product liability.
Statute of Limitations for Personal Injury
Personal injury cases involve harm to a person’s body, emotions, or reputation due to the negligence, recklessness, or intentional actions of another. Examples include car accidents, truck accidents, slip and falls, and nursing home abuse. In Illinois, the statute of limitations for most personal injury cases is 2 years from the date of the injury.
Statute of Limitations for Medical Malpractice
Medical malpractice cases arise when a healthcare provider, doctor, or nurse fails to provide proper treatment and the patient is injured or dies. This can include surgical errors, misdiagnosis, or medication mistakes. In Illinois, a medical malpractice lawsuit must be filed within 2 years of the date the patient knew or should have known of the injury.
However, there is also a statute of repose which bars any action more than 4 years after the date of the alleged malpractice, regardless of when the injury was discovered.
Statute of Limitations for Wrongful Death
Wrongful death cases are brought when a person dies due to the negligence, recklessness, or intentional conduct of another. These cases are often filed by the deceased’s family members seeking damages for losses such as funeral costs, lost financial support, and emotional suffering.
The Illinois statute of limitations for a wrongful death case is 2 years from the date of death. However, if the death was due to a violent, intentional act (such as murder), the case must be filed within 5 years.
Statute of Limitations for Property Damage
Property damage cases involve harm to a person’s real or personal property, such as in cases of vandalism, car accidents with only property damage, or construction defects. The statute of limitations for property damage cases is 5 years from the date of the damage.
Statute of Limitations for Product Liability
Product liability cases occur when a defective or dangerous product injures a consumer. These cases can be based on claims of manufacturing defects, design defects, or failure to warn of hazards. In Illinois, you have 2 years from the date of the injury to file a lawsuit for product liability.
Additionally, Illinois has a statute of repose that bars product liability actions 12 years after the product was first sold or delivered or 10 years after the product was first purchased by the initial user, whichever is shorter.
Reasons to File a Personal Injury Claim
Knowing time is limited to file a claim, you may be wondering, is it worth it to file a personal injury, medical malpractice, or wrongful death claim? The short answer is often yes.
No one should have to pay the price for another’s negligence. Illinois is an at-fault state. If you are injured in an accident, the at-fault party is responsible for covering any expenses that result from the accident.
Why Contact a Personal Injury Lawyer?
If you choose to pursue civil action for your case, you don’t have to go it alone. Contacting an experienced personal injury lawyer can help you determine first whether you have a case before the statute of limitations is up.
Our team of expert attorneys at Disparti Law Group Accident & Injury Lawyers will be able to asses your situation, uncover evidence, and negotiate with insurance companies and other parties involved. You deserve to be made whole.
Contacting us is completely risk-free — you don’t pay unless we win. For a FREE consultation, call us today at (312) 600-6000 and find out why thousands say… Larry wins!
