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How long do you have to file a personal injury claim?

On Behalf of | Aug 2, 2021 | Personal Injury |

If you sustain injuries resulting from a car accident, negligence, slip and fall, or another incident, you may decide to file a personal injury claim.

To get the outcome you desire, it is essential to know your case’s regulations and laws. Compliance with Illinois filing deadlines is crucial to secure compensation for your medical bills, pain and suffering.

What is the statute of limitations on civil actions?

After a specific timeframe, you lose the right to take legal action against the parties responsible for your accident. The state of Illinois imposes a two-year deadline from the date of your injury to file the following types of claims:

  • Personal injury
  • Product liability
  • Medical malpractice
  • Wrongful death

In a medical malpractice case, the two-year countdown begins from the date you realize your injury is due to a medical error.

How does a motion to dismiss affect your case?

A motion to dismiss refers to a formal request by the defendant to have the court throw out your case. If you try to file a personal injury claim after the two-year deadline passes, this will likely be the result. Unless you can prove a legal exception, the court will typically dismiss your case regardless of the details.

What other elements are crucial to your claim?

Taking legal action against those responsible for your bodily damages requires investigation, documentation, expert evaluations and strict adherence to laws, regulations and deadlines. The process is time-consuming and relies on proper legal forms and procedures. Something as simple as missing the filing deadline can take away your ability to get the monetary compensation you deserve.