CHICAGO, IL – If you have been injured on another person or entity’s property, it’s crucial you don’t delay in bringing your case to court. Once the statute of limitations in Illinois expires, your right to bring forth your claim is gone.
What is the Time Limit in Illinois?
Each set will set its own time limit for a premises liability claim. Under Illinois law, there is a two-year deadline from the time that you were injured or should have known that you were injured to file a lawsuit in your case.
During the two-year period, you will need time to negotiate with the insurance company. It’s important to contact an experienced premises liability attorney to begin the legal process right away. If you miss the statute of limitations by a day, you will lose your legal right to recover financial compensation.
Common Premises Liability Claims
A property owner is responsible for any damages arising out of an injury on their or their entity’s property. Common situations that may give rise to premises liability lawsuits include:
- Animal and dog bites
- Slip and fall accidents
- Dangerous property
- Negligent or inadequate security
- Swimming pool injury
- Inadequate maintenance
- Children on property
- Retail story liability
- Restaurant liability
How the Statute of Limitations Can Affect Your Case
Certain statutes of limitations might apply to a variety of cases, but they are not exactly universal. Different claims might abide by different time limits. Also, the conditions necessary to extend the deadline might differ between claims. Although having a few years to file a lawsuit sounds like a long time, it’s a narrow window to collect evidence to prove your claim.
For example, insurance companies could resist your claim and it could take them weeks, months or longer to settle with the claimant. During this time, the clock is still ticking away on a potential lawsuit.
Our Chicago, Illinois personal injury lawyers can use the statute of limitations to set the pace for your claim so that the necessary work and preparations are completed on time. If the deadline is close, the pace needs to be faster.
Limitations on Injury Claims Against Government Entities in Illinois
When suing a government entity or employee, you must submit a notice of your claim to the appropriate governmental authority. The deadline to submit this notice of your claim depends on what kind of government entity you are suing.
If you are suing the local or county government, your case falls under the Local Government and Governmental Employees Tort Immunity Act. Under Illinois law, injury claims against local government entities must be commenced within only one year of the date you were injured.
There are different rules regarding injury claims against the state government. You must file your claim under the Illinois Court of Claims Act which means generally, you must submit a notice of your claims to the Attorney General and the Clerk of the Court of Claims within one year of your injuries or file the lawsuit with the Court of Claims within a year.
Extending the Deadline Imposed by Illinois Statute of Limitations
Under specific circumstances, a plaintiff can have the deadline to file their claim be pushed back. This may include infancy, disability or criminal prosecution.
Call Our Illinois Personal Injury Attorneys About Your Claims
If you or a loved one was hurt on another person’s property or entity, you may be entitled to compensation. Call our office at (312) 384-1920 for a free case evaluation or fill out this form and we will reach out to you. Don’t wait – get started today!