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(314) 500-HURTThe Illinois statute of limitations determines how long a plaintiff has to file a civil claim. In personal injury claims, the statute of limitations in Illinois is a relatively short two years. The two-year countdown typically begins the date of the accident. However, there are certain exceptions.
735 ILCS 5/13-202 states that:Actions for damages for an injury to the person… shall be commenced within 2 years next after the cause of action accrued
Meaning, that in order to file a lawsuit for injuries sustained in a car accident, slip and fall, product liability claim, medical malpractice case or any other type of negligence, you have two years from the date the negligence occurred to file an initial complaint in court. If you miss this deadline and try to file anyway, the defendant can file a “motion to dismiss,” which will be granted in most cases.
While the statute of limitations applies to court filings, filing a claim with an insurance company quickly after your injury is still vital. If the deadline is approaching or has already past, your ability to negotiate for more money will be greatly diminished, as the other side will not have the threat of an expensive and lengthy trial hanging over their heads.
Illinois law does provide for several exceptions the two year limit:
you have two years from the date the disability is removed if you were under the disability when you were injured. If you fell under the disability at some point after you were injured, but before the statute of limitations passed, the time you spend under the disability does not count against the two years.
For non-minors, no claim can be brought after four years, even if that is how long it took to discover the injury. The same exceptions for a legal disability apply to medical malpractice cases as well.
If you are afraid that the statute of limitations for your claim may have passed, you should still talk to an attorney to see if any of the exceptions apply to you.
Under 735 ILCS 5/13-205, the Illinois statute of limitations is five years for property damage claims.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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