Statute of Limitations - Your rights are on the clock!

You’re likely familiar with the phrase “statute of limitations,” but I have found many of my clients are often confused or misinformed about the ins and outs of this legal term. I wanted to take a quick moment to unpack it a bit and help clear up any misconceptions you may have.

 

As a refresher, the term “statute of limitations” refers to the   amount of time you have to file a lawsuit after the date of an alleged offense or incident . You cannot, for example, file a suit for damages done to you in a car accident that happened years ago. If you wait too long, you may be precluded from pursuing a case.  Here are some important things to keep in mind:

• In Illinois most accidents that result in bodily injuries or death have a two year limitations period . Meaning that the injured person or decedent's representative has two years from the date of the accident, injury. or death to file a personal injury or wrongful death lawsuit in the state or federal court.
• There are some important exceptions.    Where the accident is caused by a governent entity or employee, such as a public transit bus driver, fireman, policeman, or sanitation worker, the limitations period is only one year.  
• Every case is unique . There are extenuating circumstances that can affect the original statute of limitations–for example, if the injured party is a minor or a mentally incompetent person or if the injuries occured at work. 
• The best course of action is to file any claims   as soon as possible   to avoid missing important deadlines that could prevent you from recovering damages you are owed. 

If you think you may be entitled to any damages due to someone else’s negligence, be sure to give me a call so we can chat about your timeframe and how to best ensure you don’t miss any important deadlines.