Statutes of limitation apply in personal injury cases

by | May 27, 2015 | Uncategorized

Minor accidents and inadvertent mishaps occur rather frequently in Chicago and throughout Cook County. For many of the people involved in these common incidents, the loss experienced due to personal injury or property damage is small or even nonexistent. An unfortunate number of people, however, sustain significant damages from their unplanned and accidental ordeals, leaving those victims considerably harmed from their involvement in unintended misfortunes.

In Illinois and many other jurisdictions across the country, statutes of limitation apply in personal injury cases. A statute of limitations is a law that establishes how long after an accident or the incurring of a loss that a person may file a lawsuit against the presumably responsible party. Readers of this blog who are outside of the state of Illinois should check with the laws of their jurisdictions in order to learn what limitations could apply to their potential personal injury lawsuits.

Generally, injured parties in Illinois have two years to initiate litigation for personal injuries and damages. The two year limit also applies to medical malpractice claims. Statutes of limitation can be extended or tolled in certain circumstances, and may begin to run at different times depending upon when a victim learns of his injuries, damages, or losses.

When accidents and calamities occur, some people just want to put the incidents in the past and move on with their lives. While this strategy can work out for some, those who suffer significant losses can miss their windows to pursue their damages if the applicable statutes of limitations run out before they file civil claims. Filing a lawsuit may not always be what a victim desires to do, but knowing the timeline of a personal injury statute of limitations can protect a victim’s rights of pursuing compensation for his injuries.

$2,300,000 – Brain Injury
$650,000 – Motor Vehicle Accident
$800,000 – Construction Injury
$570,000 – Medical Malpractice

$4,300,000 – Medical Malpractice
$4,100,000 – Construction
$4,000,000 – Medical Malpractice
$3,000,000 – Vehicle Accident

$950,000 – Birth Injury Malpractice
$5,860,000 Medical Malpractice – Wrongful Death
$1,800,000 – Product Liability
$4,000,000 – Medical Malpractice

$3,000,000 – Vehicle Accident
$950,000 – Birth Injury Malpractice
$7,500,000 – Premises Liability

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