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Is There a Time Limit on When I Can File a Personal Injury Lawsuit in Illinois?

Lake County Personal Injury Attorneys Answer Your Questions About the Statute of Limitations

If you are considering filing a personal injury lawsuit or claim, you should know that there is a time limit as to when you can file a lawsuit in Illinois. This is referred to as the statute of limitations.

You can file a lawsuit at any time before the date of the statute of limitations, but once this date has passed, your lawsuit will not be viable unless it satisfies an exception. The length of time you have to file depends on several factors, the first being when the injury became known.

If the injury you have is known at the time of the accident, then the clock for your time to file will begin to run down from the moment the injury takes place. If the injury becomes known after the accident, then the clock for the statute of limitations will begin on the date when the injury became known or should reasonably have become known.

Another factor that affects the statute of limitations is the type of lawsuit that is being filed. For example, Illinois civil statute of limitation laws have a two year limit for claims that involve personal injuries. Other limitations include five years for injury to property, five years for trespass, and 10 years for written contracts. For medical malpractice, the statute of limitations can be from two to four years. If the medical malpractice lawsuit involves a minor, you have eight years to file after the incident or before the minor’s 22nd birthday, whichever comes first.

The last time limit factor to file a personal injury lawsuit in Illinois pertains to whether or not the defendant in your case is a government agency, department, or entity. If so, then the statute of limitations is one year. For instance, if the Gurnee Park District is at fault for your injury, you have one year to file the lawsuit.

Contact the Lake County Attorneys at Salvi & Maher, L.L.C.

If you have questions regarding the statute of limitations on your personal injury case, contact Salvi & Maher, L.L.C. to set up a free, no-obligation consultation with one of our attorneys. We will discuss the details of your case to see if you are within the time frame to file a personal injury lawsuit. To schedule a consultation at our office in Chicago, Richmond, Waukegan, or Wheaton, IL, call 847-662-3303.

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