How Long Do I Have to File a Lawsuit in Illinois?
Betsy Holder • Aug 16, 2022

Have You or a Loved One Been Injured in Illinois?  Time is Running Out to Receive Your Compensation.

If you've been injured due to the fault of another party, time is of the essence when filing a civil claim. This could be the result of a car accident, a defective product, or a medical malpractice suit. To avoid missing the filing deadline, it's important to follow the proper legal procedures and contact an Illinois litigation attorney--preferably, a personal injury lawyer that is local, and knows the normal rules of practice for your area.  This article will discuss the laws and timelines of filing a lawsuit in Illinois.


Statutes of limitations Govern Timeframes for Lawsuits

While the statute of limitations for personal injury, medical malpractice, and car accident cases in Illinois is generally two years, in some instances, it can be extended by one year. If the lawsuit involves an individual's personal injury or death, the statute of limitations may be longer. In these situations, you should contact a personal injury attorney as soon as possible to discuss your legal options. Moreover, if the lawsuit is against a government entity, the statute of limitations for bringing a lawsuit in Illinois is different from that for a private party.


The process of filing a lawsuit or case in Illinois is made more complicated by large insurance companies which are beholden to Wall Street.


In Illinois, the statute of limitations for filing a lawsuit varies according to the type of injury. Medical malpractice suits, for example, must be filed within two years of the date of the injury. This deadline may be shorter for wrongful death cases, or for lawsuits against local public entities, such as a police department. The statute of limitations for medical malpractice suits may be even shorter. A person who was intoxicated at the time of the injury cannot file a lawsuit until two years after the accident occurred.


The statue of limitations for personal injury lawsuits in Illinois is two years from the date of the injury. However, this period varies between states and can be extended by legal doctrines. If you're filing a personal injury lawsuit in Illinois, you should do so as soon as possible. You should contact an Illinois-based law firm to learn more about your legal rights. The sooner you get started, the sooner you'll receive compensation.

Personal Injury Cases Include:

  • Car Accidents
  • Truck Accidents
  • Dog Bites
  • Slip and Fall Cases
  • Defective Products and Drugs


Filing a lawsuit in Central Illinois


Before filing a lawsuit in Illinois, you must choose the right venue. In Illinois, personal injury and car accident cases are heard in circuit courts. If you are unable to settle a dispute with your opponent through negotiation, you should file your lawsuit in the county where you live, or where the accident took place.


Although the specific procedures may vary, they generally follow a similar process. Before filing a lawsuit in Illinois, you may try to settle the case before you file it.  Again, it is important to understand that the process of receiving compensation for your injuries is made more difficult by the fact that the insurance industry and large corporations make money on the fact that most citizens are uninformed.


When filing a lawsuit in Illinois, you must provide the entity name and registered agent. The entity name must match the name of the corporation or individual you are filing against. The registered agent will be served with the lawsuit summons. However, there are some individuals who have separate addresses for the officer and agent of their company. In these cases, you should provide the agent or officer's address. The defendant will then receive the lawsuit's summons.


"Corporations and Insurance Companies make it as difficult as possible to file a lawsuit." Elizabeth Holder, Founder, Holder Law Group.


If you are filing a lawsuit against a hospital or doctor, you must be aware of Illinois's statute of limitations for medical malpractice cases against Carle Hospital and other organizations. In Illinois, you have two years from the date of harm to file a lawsuit. This time limit is longer if the hospital or doctor is a public corporation. For this reason, you should seek legal advice from a lawyer experienced in these matters. You should be aware of Illinois's medical malpractice statute of limitations, which sets a strict two-year limit on filing a lawsuit.


Additionally, you must have another doctor certify that the case against the Defendant is legitimate.


Comparative fault rules


There are two basic ways to file a lawsuit in Illinois: through the insurance company or by filing a third-party claim. In either case, you must prove that the other driver caused the accident. In an automobile accident scenario, the other driver will then be responsible for the property damages. However, it is possible to share fault if more than one driver was at fault. These rules are known as modified comparative fault rules and can significantly affect the amount of the final settlement amount.


If more than one party is responsible for an accident, you can still file a lawsuit despite being partially at fault for it. In Illinois, you can recover damages even if you were 50% or less at fault for the accident. The original driver may have also been at fault for the accident if he or she had been speeding, but you can still file a personal injury lawsuit despite your partial fault.


In Illinois, the court will determine a percentage of fault in the accident. The jury and judge will decide how much fault the injured party was. If they find that you are 50% or more at fault, you will not be able to recover any damages. Regardless of your fault, it is important to consult with an experienced Illinois car accident attorney about the types of claims you can file. If you fail to file a lawsuit on time, you may miss out on recovering any compensation for your injuries.


The bottom line is that filing lawsuits in Illinois is difficult, and, generally speaking, you need an advocate to represent your rights--An advocate like Holder Law Group.


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