How Long Do I Have to File a Lawsuit in Illinois?

How Long Do I Have to File a Lawsuit in Illinois? A Guide for Champaign-Urbana Residents

If you’ve been injured in an accident in Champaign-Urbana or anywhere in Central Illinois, you’re likely facing a whirlwind of challenges – from physical pain and mounting medical bills to emotional distress and financial uncertainty. The last thing you want to worry about is a legal deadline. However, understanding the statute of limitations is crucial to protecting your right to compensation.

At Holder Law Group, a leading personal injury lawyer in Champaign-Urbana, Illinois, we want to ensure you have the information you need to make informed decisions. This post will explain the time limits for filing a personal injury lawsuit in Illinois and why acting promptly is in your best interest.

What is a Statute of Limitations?

A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you miss this deadline, you will likely lose your legal claim, regardless of how strong your case is. These laws exist to ensure that legal claims are brought forward while evidence is still fresh and witnesses’ memories are clear.

Illinois Statute of Limitations for Personal Injury Cases

In Illinois, the statute of limitations for most personal injury cases is two years from the date of the injury. This includes a wide range of accidents, such as:

• Car Accidents
• Trucking Collisions
• Motorcycle Accidents
• Slip and Fall Incidents
• Dog Bites
• Medical Malpractice
• Wrongful Death

Here is a chart summarizing the most common statutes of limitations for personal injury cases in Illinois:

For more detailed information, you can refer to the Illinois General Assembly’s official website for the Illinois Compiled Statutes.

Exceptions to the Two-Year Rule

While the two-year deadline is the general rule, there are a few important exceptions to be aware of:

• The “Discovery Rule”: In some cases, an injury is not immediately apparent. The discovery rule allows the statute of limitations to begin when the injured person knew or reasonably should have known about the injury. This is common in cases of medical malpractice.
• Minors: If the injured person is under 18, the statute of limitations is “tolled,” or paused, until their 18th birthday. They then have two years from that date to file a lawsuit.
• Legal Disability: If the injured person is legally disabled and unable to understand their rights, the statute of limitations may be extended until the disability is removed.
• Defendant Leaves the State: If the person at fault leaves Illinois after the accident, the time they are out of state may not count toward the two-year limit.

Navigating these exceptions can be complex, which is why it’s so important to consult with an experienced Champaign-Urbana personal injury attorney.

Why You Shouldn’t Wait to Contact a Lawyer

Even with a two-year window, it is never a good idea to wait to seek legal advice. Here’s why:

• Evidence Disappears: Over time, evidence can be lost or destroyed. Skid marks fade, surveillance videos are erased, and physical evidence can be misplaced.
• Memories Fade: Witnesses’ memories of the accident can become less clear over time, making their testimony less effective.
• Insurance Companies Act Quickly: The at-fault party’s insurance company will start building its case against you immediately. You need a legal advocate on your side to protect your interests.
• Building a Strong Case Takes Time: A successful personal injury claim requires a thorough investigation, gathering of evidence, and expert testimony. The sooner your lawyer can start, the stronger your case will be.

How a Champaign-Urbana Personal Injury Lawyer Can Help

At Holder Law Group, we understand the challenges you’re facing. We can help you by:

• Investigating your accident to determine who is at fault.
• Gathering evidence to build a strong case on your behalf.
• Negotiating with insurance companies to ensure you receive a fair settlement.
• Filing a lawsuit on your behalf and representing you in court, if necessary.

We handle all of our personal injury cases on a contingency fee basis, which means you don’t pay us anything unless we win your case.

Contact Us Today for a Free Consultation

If you or a loved one has been injured in an accident, don’t wait to get the legal help you need. Contact the Holder Law Group today for a free, no-obligation consultation. We are proud to serve clients in Champaign-Urbana and throughout Central Illinois.

For more legal resources, you can also visit the Illinois State Bar Association.