Every state places a limit on how much time you have to file a lawsuit seeking compensation for injuries you suffered because of the careless or wrongful act of someone else. This deadline is called the statute of limitations. Missing the deadline can have devastating consequences on your right to go after money damages.
Merely negotiating with the insurance company’s claims adjuster does not satisfy the statute of limitations. If your case has not been settled before the deadline, you will need to file a lawsuit to protect your right to compensation. A Chicago personal injury attorney can answer your questions to help you understand the statute of limitations on your personal injury claim.
Why Did the Claims Adjuster “Ghost” on My Personal Injury Claim?
It is an all-too-common lament. You thought you were about to settle your personal injury claim without having to bother with hiring a lawyer and going to court, but then the insurance company’s claims adjuster stopped returning your phone calls or responding to your emails. Eventually, you received a letter from the insurance company on behalf of the negligent party stating that because the statute of limitations expired, they no longer have any liability on your claim.
Then, you talked to a personal injury lawyer who told you that they could not help you because you missed the filing deadline. This situation is one of several reasons why working with a personal injury lawyer on your claim from the beginning can be a smart decision. After the statute of limitations expires, you lose all rights to hold the person who harmed you financially accountable for your losses.
What is the Statute of Limitations for Personal Injury in Illinois?
Most personal injury claims in our state fall under the general personal injury statute of limitations, 735 ILCS 5/13-202, which says you must file a lawsuit within two years of when the accident or event happened. For example, if you got hurt in a car accident that was someone else’s fault, and you do not settle your personal injury claim, you need to file a lawsuit against the at-fault party within two years of the date of the collision.
Some types of personal injury claims have their own statute of limitations instead of the general personal injury statute of limitations. Medical malpractice claims, for example, have their own deadline, but currently, the deadline is the same as for a general personal injury case in Illinois, which is two years.
The difference is when the clock starts to run on a medical malpractice claim as opposed to a general personal injury claim. People do not always know that they received substandard medical care that harmed them on the day the malpractice happened. If medical negligence caused you to suffer harm, your deadline will start to run on the day that you either knew, should have known through reasonable diligence, or received written notice of the harm.
There Are Some Exceptions to the Statute of Limitations
In some situations, Illinois law allows a filing deadline to get extended, also called tolled. In many claims, a person who gets injured by someone else when the victim is still a minor might get additional time to file a legal action. These extensions, however, usually do not add much time to the statute of limitations. Also, courts do not use statute of limitations exceptions liberally. In other words, you do not want to count on getting an extension.
Contact Our Chicago Personal Injury Attorneys Today
It is best to talk to a Chicago personal injury attorney at Hale & Monico as soon as possible after getting injured in an accident that was someone else’s fault, to avoid issues with the statute of limitations. Contact our office today for a free consultation.