Illinois Personal Injury Statute of Limitations [2024 Updated]

Dealing with a personal injury can be an annoying, frustrating, and surprisingly complex situation. It can be difficult to handle it on your own without the help of an experienced personal injury lawyer. Attempting to deal with the legalities by yourself could result in an outcome you will not be comfortable with. An experienced personal injury lawyer can explain everything you need to know, including the Illinois personal injury statute of limitations.

What Is the Illinois Personal Injury Statute of Limitations?

In every state in the country, the statute of limitations for certain legal situations is different for each type of case. Every kind of legal situation has a certain amount of time that you must file within, and each state’s timeframe is almost always different from that of other states. In Illinois, the statute of limitations for a personal injury case is two years.

The state will give you two years from the date of your initial injury, or when you discover the injury, to:

• Establish grounds for your claim.
• Build up a strong case.
• Gather the evidence you need.
• Consult an experienced personal injury lawyer.
• File a claim for compensation.

If you do not file a claim before two years have passed, there is a good chance that your claim will be dismissed with no legal action taken.

It can take a great deal of time to develop a strong personal injury case, so it is recommended that you start building yours as soon as you can, ideally with the guidance and assistance of a seasoned personal injury lawyer. If you are concerned that your case is not strong enough to pursue, you should collect any evidence you have and bring it to your lawyer. They can evaluate your situation and, if you may have a valid case, collect further evidence to bolster your argument.

Why Hire a Personal Injury Lawyer?

Navigating a legal situation on your own can be difficult, overwhelming, and frustrating. Having the aid of a legal professional who understands the complexities of the law can be critical to securing a successful outcome. They can bring a certain degree of focused knowledge to your case and refine it into its strongest form. Hiring the right personal injury lawyer for your situation can make all the difference and provide you with some much-needed clarity and peace.

While you are not legally required to hire a lawyer for your case, it is highly recommended that you retain legal counsel whenever you find yourself dealing with a legal situation. After all, there is a very good chance that the person you are seeking compensation from will be hiring their own lawyer to refute your claim. The last thing you want in this situation is to be unprepared. Having someone who can provide you with legal assistance can be greatly beneficial.

Qualities of a Good Personal Injury Lawyer

When you are deciding to pursue legal action in a personal injury case, there are certain qualities you may want to prioritize when deciding on which lawyer to hire for your case.

Here are two of those qualities:

• Empathy: Pursuing legal action against someone who hurt you is likely going to be an emotional ordeal. You may want to hire a lawyer who is going to show you some much-needed empathy and compassion.
• Experience: One of the most important qualities that a good lawyer can bring to your case is experience. If possible, you should hire someone who has handled situations similar to yours in the past and has a consistent record of success in those cases. An experienced lawyer can adapt past winning strategies to your case and provide you with ways to overcome setbacks.

Personal Injury Statute of Limitations FAQs

Q: What Is the “Discovery Rule” in Illinois for Personal Injury Cases?

A: The “discovery rule” for personal injury cases in Illinois refers to the statute of limitations for these cases. The two-year timeframe begins when an injured individual learns of their injury or reasonably should have discovered it. The timeline does not necessarily begin on the date of the accident. The “discovery rule” allows the statute of limitations to be extended as needed.

Q: How Long Does Someone Have to Make a Personal Injury Claim in Illinois?

A: In Illinois, you will have two years to file a claim for compensatory damages with a personal injury claim. The state gives you two years from the date of your accident, or whenever you uncovered the injury, to develop your claim with the help of an experienced personal injury lawyer. If two years have passed and you do not file your claim, you may not be permitted to seek damages at all.

Q: Can the Statute of Limitations for Personal Injury Claims Be Extended in Illinois?

A: Yes, there are certain cases in which the statute of limitations for personal injury claims can be extended. One such instance is the discovery rule, which allows an extension when the injured party is unaware of their injuries and discovers them much later. If the injured party is a minor, the statute of limitations may be extended until they are of legal age. Extensions may be rare, so you should discuss your options with your lawyer.

Q: What Is the Statute of Limitations for the Court of Claims Act in Illinois?

A: The statute of limitations for filing a personal injury claim under the Court of Claims Act in Illinois is generally two years. However, you must first file a notice with the Attorney General within one year of the accident. You must file your claim within two years of your accident to bring a substantial case against the state government.

Reach Out to a Personal Injury Lawyer Today

Hiring the right personal injury lawyer for your case can make all the difference. Throughout your case, it is important that you adhere to the statute of limitations for your type of injury. Otherwise, you could risk losing out on compensation entirely.

Joshua R. Evans, Attorney at Law, can provide solid legal guidance and representation for your case. Contact us to schedule a consultation today.