Illinois Statute of Limitations: Injury Claim Deadlines by Case Type
Every type of personal injury claim in Illinois is bound by a deadline known as the statute of limitations. If you miss this legal deadline, you lose your right to pursue compensation—no matter how strong your case may be. Under the Illinois statute of limitations, personal injury claims have different time limits depending on the type of case. Protect your right to compensation by learning about the statute of limitations.
What Is the Illinois Statute of Limitations for Personal Injury?
When you turn to a personal injury attorney in Illinois, one of the first things that they will mention is the statute of limitations. In Illinois, the timeline for filing a lawsuit depends on the type of case. Injury claims may have different statutes of limitations depending on whether the case involves a slip and fall, a car accident, or medical malpractice. If you miss the deadline, then you will be barred from recovering your losses.
The statute of limitations varies depending on how the injury happened. Cases involving medical malpractice, for example, have different deadlines than those resulting from truck or car accidents.
It’s never a good idea to delay beginning a claim. Tasks like conducting an investigation, reviewing records, and collecting evidence shouldn’t be rushed. This means that your case will be stronger if your attorney has more time to prepare.
Negligence Claims: General Personal Injury Deadlines in Illinois
The slip and fall statute of limitations in Illinois is two years. The same deadline applies to most claims based on negligence. These cases involve a party breaching their duty of care toward you, resulting in losses for which you can be compensated.
Car Accident, Truck Accident, and Other Traffic Crash Lawsuits in Illinois
The statute of limitations (car accident) in Illinois is also two years, as traffic accident cases are usually based on negligence. This deadline applies to injury compensation after car, motorcycle, and truck accidents. Claims involving property damage have a five-year statute of limitations.
Insurance companies may have further restrictions. Uninsured or underinsured motorist policies, for example, may have contract-based deadlines that are separate from the statute of limitations.
Wrongful Death Lawsuit Deadlines in Illinois
The wrongful death statute of limitations in Illinois is one year from when the death occurred or two years from when the act of negligence that resulted in the death took place, depending on which is later.
Wrongful death claims are particularly complex because there are powerful emotions at play. The last thing you may want to focus on is a stressful legal process. Still, you shouldn’t delay speaking to an attorney. If you miss the deadline, you could end up being barred from recovering any losses.
Medical Malpractice Filing Deadlines in Illinois
The Illinois medical malpractice filing deadline is two years from the date that the injury was discovered or from when it should have reasonably been discovered. However, the absolute medical malpractice statute of limitations is four years from the date of the malpractice.
Claims involving minors may qualify for exceptions, so consult with your lawyer to learn about your rights if your child was hurt.
An attorney is vital for these cases because they have the resources and contacts needed to build a strong claim.
For example, you must have a medical expert willing to provide an affidavit of merit that states your claim is valid. You may need testimony from other medical professionals who can corroborate that you were injured by a negligent healthcare provider. Your lawyer can take the lead during these essential processes.
Government Liability Claims: Shorter Deadlines and Special Rules
In claims involving government entities, including city, county, state, or federal agencies, the statute of limitations will be shorter. You’ll have to present a formal notice within a shorter time frame, typically six months or a year. Lawsuits may have to be filed within one year, too.
These are some of the most urgent types of cases. Their short deadlines and complicated requirements make hiring an attorney vital. Lawsuits against government entities are subject to the Illinois Court of Claims Act and require detailed notice within a much shorter timeframe. If you believe a city or state agency is responsible for your injury, contact an attorney immediately.
Why Fast Action Matters After an Injury in Illinois
After sustaining injuries because of another party’s negligent or wrongful conduct, the sooner that you can begin a claim, the better. Starting a claim quickly after the incident means that you have access to fresh evidence. As time passes, you may no longer be able to rely on witnesses for their testimony, and physical evidence can deteriorate.
Over time, it becomes harder to link your medical records directly to the accident. Medical evidence may be questioned or considered unrelated unless documentation is immediate and consistent. Even if you obtain thorough documentation, it may not be enough to establish causation.
Crucially, an insurance company may view any delay as a sign that your injuries were not as severe as you claim. This weakens your case. It could mean that you don’t receive the settlement or award you need to cover your expenses.
No matter the type of personal injury claim, getting an attorney involved as quickly as possible improves your chances of success.
How to Start a Personal Injury Claim in Illinois
According to the Illinois statute of limitations, personal injury claim deadlines are short. The right step after suffering an injury is to immediately contact a lawyer who can fight for fair compensation.
Depending on your case type, you may only have one year, and sometimes less, to take action. Injury cases against public entities or in cases of medical malpractice involving minors or late-discovered injuries may have unique filing rules. A personal injury attorney in Illinois can help you determine exactly how much time you have.
At Lawler & Lawler Injury Law, our Illinois team has decades of combined legal experience helping people who have suffered injuries in slip and fall accidents, motor vehicle crashes, and other events involving negligent people or organizations. We can explain your rights and help you fight for the full damages you deserve.
Don’t wait until it’s too late. Contact Lawler & Lawler today to schedule a free consultation with an experienced injury attorney in Illinois. We’ll review your case, explain your legal options, and fight to help you get the compensation you deserve.
