Tuesday, April 13, 2010

Statute of Limitations – How long can you wait to file a personalinjury claim?

One of the most important factors in any personal injury claim is: what is the applicable statute of limitations?  This questions determines when a personal injury claim may be filed. If a claim is not brought within the the appropriate statute of limitations time period, the claim will be barred and Courts will not hear the case.

Generally, actions for personal injury damages in Illinois must be commenced within 2 years after the cause of action accrued.  735 ILCS 5/13-202.

However, there are several nuances to this rule:

Personal Injury to Minors:  In this situation, the statute of limitations does not begin to run until the minor reaches the age of 18.

Personal Injury Actions Made Against the State: In this situation there is an additional notice requirement.  The Court must be notified within 1 year of the injury, and suit must be filed within 2 years.

Dram Shop Actions:  Personal injury actions must be filed within 1 year.

Personal Injury Claims Against the Chicago Transit Authority: In the past, claims made against the CTA had to comply with a 6 month notice requirement.  If CTA did not recieve notice within 6 months of an individual's injury, the claim would be bared.  However, as of June 1, 2009, Governor Patrick Quinn repealed the 6-month notice requirement. Today, personal injury claims against the CTA need only comply with a 1 year statute of limitations.

Personal Injury Claims Against a Local Public Entity: Claims must be filed within 1 year.

An experienced personal injury attorney will ensure that all applicable statute of limitation requirements are met.

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