If you or a loved one has been injured or lost someone due to another’s negligence, you have the right to seek compensation through a personal injury or wrongful death lawsuit. However, Illinois law sets strict time limits for filing these claims. Missing these deadlines can mean losing your right to compensation forever.
Learn more from the experienced Chicago personal injury attorneys at Duncan Law Group.
How Long Do I Have to File a Personal Injury Claim in Chicago?
The statute of limitations for a personal injury or wrongful death claim is two years in the state of Illinois.
The statute of limitations for various injury claims is as follows:
- Personal Injury: Two years from the date of injury
- Wrongful Death: Two years from the date of death
- Medical Malpractice: Two years from the date of injury
- Product Liability: Two years from the date of injury
- Libel & Slander: One year from the date of the incident
Contact a Chicago personal injury attorney at Duncan Law Group to take the first step in your case. Your initial consultation is free!
Statute of Limitations for Personal Injury Claims
The vast majority of personal injury lawsuits in Illinois, such as those arising from car accidents, slip-and-falls, and premises liability claims, must be filed within two years of the date the injury occurred. Missing this deadline, even by a single day, may bar you from seeking compensation at all. It's important to consult a personal injury attorney quickly, as the preparation necessary for filing a lawsuit often requires significant time for investigation and evidence collection.
Statute of Limitations for Wrongful Death Claims
A lawsuit seeking compensation for the loss of a loved one due to negligence must be filed within two years of the victim's date of death. This deadline applies even if the underlying injury occurred years earlier. The clock for the wrongful death claim only starts ticking upon the person's passing. The family of the deceased must be proactive, as the investigation often involves examining the circumstances leading up to the death, and evidence can disappear quickly.
Statute of Limitations for Medical Malpractice
Medical malpractice claims generally allow victims two years from the date they knew, or reasonably should have known about the injury to file suit. However, Illinois also imposes a Statute of Repose, which sets an absolute deadline. This means the claim must be filed no later than four years from the date the malpractice occurred, even if the injury was only discovered later. Special rules apply to minors, who have up to eight years from the date of injury, but no later than their 22nd birthday, to file a claim.
Statute of Limitations for Product Liability Claims
When an injury is caused by a defective or dangerous product, the claim is governed by the two-year personal injury statute of limitations. The two-year clock begins to run from the date the injury was sustained, or when the claimant knew or should have known of the injury. However, product liability also contains a separate Statute of Repose that limits claims to 12 years from the date of the first sale of the product, making prompt legal action essential.
Statute of Limitations for Libel & Slander Claims
Defamation claims, which include libel (written) and slander (spoken) attacks on a person's reputation, have the shortest time limit. Lawsuits for defamation must be commenced within just one year from the date the defamatory statement was first published or uttered. Because the deadline is so short and can start running even if the plaintiff is unaware of the statement, immediate legal consultation is absolutely necessary.
Statute of Limitations for Injuries on Government Property
If your injury occurred on government property, such as a public park or county hospital, the time limit to file a claim is usually shorter. You may be required to file a notice of claim within 6 months to a year, depending on the type of government entity involved.
What is the Statute of Repose?
The statute of repose is a hard deadline effectively halting you from filing a claim, regardless of when the injury was discovered. For medical malpractice, this is four years from the date of the malpractice. For wrongful death, the statute of repose is ten years from the date of death.
Exceptions to the Statute of Limitations
There are several exceptions that may extend the filing deadline:
- Discovery Rule: If the injury or cause of death was not discovered right away, the statute of limitations begins when the injury or cause is discovered or reasonably should have been discovered.
- Fraudulent Concealment: If the responsible party concealed information, the statute may be extended up to five years from the date the cause was discovered.
- Disability: If the victim is legally incompetent, the statute may be tolled until the disability ends, but no later than ten years after the injury or death.
How the Discovery Rule Could Affect Your Claim
In some cases, it is not reasonably possible for someone to discover the cause of their injuries until years after the incident took place. Since the statute of limitations in Illinois requires most civil actions to be brought within two years, the victim would be left without the chance to seek financial restitution. However, the “discovery rule” takes this into consideration and makes it possible to extend the statute of limitations under certain circumstances.
If the injury was not discovered right away, the clock would start running on the date that it was discovered, rather than when it was sustained. While this exception could provide you with the time that you will need to file a claim, it is important to understand that the scope of the discovery rule is limited. For this reason, you should still move quickly to discuss your case with a Chicago personal injury lawyer as soon as your injuries have been discovered.
Why Do I Have a Limited Amount of Time to File in Chicago?
You might wonder why state law would impose a statute of limitations on your right to sue for personal injury. One of the reasons is that as time goes on, it becomes increasingly difficult or even impossible to prove an injury claim in court. This difficulty increases over time because the evidence in the case tends to become damaged or lost, in addition to the fact that memories of the incident will gradually fade.
Is Illinois a Fault State?
Yes, Illinois is a fault state, meaning the person at fault for the accident is responsible for compensating the injured party. This applies to car accidents, slip and falls, and other personal injury cases.
Comparative Negligence
Illinois follows a modified comparative negligence rule. If you are found to be partially at fault for your injuries, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages.
Request Your Free Case Consultation Today for Claims Within the Statute of Limitations in Chicago
The legal team at Duncan Law Group has been assisting wrongfully injured victims throughout Chicago for more than a decade. In that time, we have recovered hundreds of millions of dollars in settlements and verdicts, earning our lead attorney a spot on the Super Lawyers® Rising Stars℠ list and a place in The National Trial Lawyers: Top 40 Under 40. Contact our office today to find out what we can do for you!
Ready to take the first step? Contact our office now at (312) 202-3283 for a free initial consultation!
