Statute of Limitation: When To File A Claim

A statute of limitation limits the time when a person or estate can bring a personal injury claim. What this means is that a lawsuit must be filed within a certain period of time from the date of the accident, negligent act, or injury. Each State has its own statute of limitation. In Illinois, the statute of limitation for an injury claim is two years from an accident or the date of the discovery of the injury. If the victim is a minor or has had a disability for some time, under very specific circumstances, the statute of limitation may be extended. There are some situations where the statute of limitation may be shorter, for example, in cases where the injury suit is against the government or public entity. Each situation is different and the facts of each particular case can lengthen or shorten the statute of limitation period. An attorney can assess your particular situation and determine the appropriate statute of limitation.

Statute of Repose: Whether A Claim Can Be Filed

However, the statute of limitation is not the only thing to consider in a personal injury claim. There is also what is called a statute of repose, which limits how long a period of time one can sue a certain entity, no matter when the injury occurred. For instance, an injured party may properly bring a slip-and-fall claim within the two year statute of limitation but the claim may nonetheless be time-barred if the construction where the injury occurred was more than 10 years after the injury. This was precisely the case in Wright v. The Board of Education of the City of Chicago, 335 Ill. App. 3d 948 (2002). In this case, the plaintiff’s slip-and-fall claim was barred because the stair on which the plaintiff fell was built more than thirty years before his injury.

Notice Requirements

There is also the issue of Notice when taking into consideration the timing in which to bring a proper lawsuit. If one fails to file a lawsuit or Notice within the required period of time, that person or entity will be forever barred from bringing or filing a claim and will not receive any compensation.

Let this article serve as a warning if the entity that was negligent is a government entity. There are very technical rules which apply and certain Notices must be filed within a very short period of time and the normal statute of limitation is reduced significantly.

Why You Need An Attorney

If you have been injured in an accident, it is in your best interest to secure an attorney as soon as possible to be sure all documents and materials are filed in a timely fashion. Your lawyer will advise you of the exact statute of limitation and other legal requirements that apply in your State.



If you or a loved one has been injured in an accident, contact David K. Kremin & Associates, PC at 1(800) ASK-A-LAWYER or 1(800) 275-2529.

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