Illinois Statute of Limitations for Personal Injury Claims
Understanding how long you have to file a personal injury claim in Illinois and the circumstances that may affect the filing deadline.
Quick Take: After suffering an injury because of another party’s negligence, you may be able to pursue compensation through a personal injury claim. However, Illinois law places time limits on filing many personal injury lawsuits. Understanding the statute of limitations and any potentially applicable exceptions is important to protecting your legal rights.
After suffering an injury in an Illinois accident because of another party’s negligence, you may be able to obtain compensation from the negligent party by filing a personal injury claim.
When it comes to personal injury claims, there are several things you need to understand and comply with to protect your legal right to compensation. One of the most important things to understand is the statute of limitations.
What Is a Statute of Limitations?
A statute of limitations sets a deadline for filing a lawsuit. Under Illinois law, actions for damages for an injury to a person generally must be commenced within two years after the cause of action has accrued.
The General Illinois Deadline
For many personal injury claims, the applicable statute of limitations is two years.
In simpler terms, in many Illinois personal injury cases, you generally have two years after another person’s intentional or careless act causes your injury to file a personal injury lawsuit in court. In many cases, the relevant period begins on the date of the accident that caused the injury, although the applicable deadline can depend on the circumstances of the claim.
The two-year deadline can apply to many types of personal injury claims, including dog bite cases, auto accident cases, and truck accident cases.
When Does the Two-Year Period Matter?
Auto Accidents
The deadline may be important when pursuing a personal injury claim after an Illinois car accident.
Truck Accidents
A truck accident claim may also be subject to a statute of limitations.
Dog Bite Claims
Dog bite injuries are another type of personal injury claim for which a filing deadline may apply.
Because the precise deadline can depend on the facts of a particular case, an injured person should not assume that they have the full two-year period without first determining which statute and exceptions apply.
What Happens If You Miss the Filing Deadline?
If you try to file a personal injury lawsuit after the applicable deadline has passed, the person or entity you are trying to sue may file a motion to dismiss the lawsuit based on the statute of limitations.
Why Timing Matters
If no exception or other rule extends the applicable deadline, a court may dismiss a lawsuit that was filed too late. This can prevent an injured person from pursuing compensation through that lawsuit.
For this reason, after suffering an injury because of another party’s fault, it is important to act promptly even if you are considering settling your personal injury case outside of court.
For example, suppose you begin pursuing a settlement with a defendant or the defendant’s insurance company after the applicable two-year period has already expired. If the other side discovers that the filing deadline has passed and no exception applies, your ability to pursue the claim in court may be significantly affected.
Exceptions to the Illinois Personal Injury Statute of Limitations
There are circumstances under Illinois law that may affect when the statute of limitations begins to run or whether the limitations period is paused. Some situations described in the law include the following:
The Plaintiff Was Under 18
If a plaintiff was below the age of 18 when they suffered an injury, the applicable period may be affected, with the limitations period beginning after the individual reaches the relevant age under Illinois law.
The Plaintiff Had a Legal Disability
If a plaintiff was under a legal disability when the injury occurred, the applicable limitations period may be affected until the disability is removed, subject to the specific requirements of Illinois law.
A Legal Disability Developed After the Accident
If a plaintiff came under a legal disability after the accident but before being able to file a personal injury claim, the applicable limitations period may be affected until the disability is removed.
The Defendant Left Illinois
Under circumstances addressed by Illinois law, a defendant’s absence from Illinois before a plaintiff files a lawsuit may affect how the limitations period is calculated.
Exceptions Are Fact-Specific
An exception to the statute of limitations does not automatically apply simply because one of these circumstances exists. The specific facts of the case and the applicable Illinois law must be examined to determine the actual filing deadline.
Why You Should Not Wait to Address a Personal Injury Claim
Even when you believe you have plenty of time remaining, waiting can create additional difficulties. Evidence may become harder to locate, witnesses’ memories may fade, and important records may require additional effort to obtain.
Know the Deadline
Determine which statute of limitations applies to your specific injury claim.
Preserve Evidence
Important evidence can become more difficult to obtain as time passes.
Get Legal Guidance
An attorney can review the circumstances of your injury and help determine what deadlines may apply.
Frequently Asked Questions About the Illinois Personal Injury Deadline
How long do I have to file a personal injury lawsuit in Illinois?
Illinois generally provides a two-year statute of limitations for actions seeking damages for personal injury, although exceptions and other rules may affect the deadline in a particular case.
Does the two-year deadline apply to car accident claims?
A two-year limitations period generally applies to many Illinois personal injury claims arising from car accidents, although the specific circumstances of a case should be reviewed to determine the applicable deadline.
Can the Illinois statute of limitations be extended?
Certain circumstances may affect or pause the limitations period. Examples discussed in Illinois law include circumstances involving a plaintiff’s age, legal disability, or a defendant’s absence from Illinois.
What happens if I file a personal injury lawsuit too late?
If the applicable filing deadline has expired and no exception applies, the defendant may raise the statute of limitations as a defense and seek dismissal of the lawsuit.
Contact Our Champaign Personal Injury Lawyers Today
Have you, a loved one, a friend, or someone you know sustained a personal injury in an Illinois accident? If so, contact one of our Champaign personal injury lawyers at Patel Law, PC, to discuss your claim and the deadlines that may apply to your case.
