Illinois is not new to accidents. Everyday numerous people are injured in a number of ways, from slipping off a wet floor in a grocery store to a car crashing into another.
A personal injury claim is one way for residents in Illinois to recover compensation for the losses sustained in such accidents. A major factor that influences these claims is the statute of limitations.
If the plaintiff fails to file a claim before this deadline expires, they forfeit their right to seek compensation.
It is crucial for plaintiffs to understand the statute of limitations that are applicable to their claim in order for it to be successful. An Arlington Heights personal injury lawyer can be helpful in determining the laws that apply to your case and in filing the case on time so that you don’t miss the deadline.
What is the Statute of Limitations?
The statute of limitations gives people a deadline to file a personal injury claim. The deadline for this in Illinois is 2 years from the date of the accident. The type of injury also influences the deadline, with some cases, like child sexual abuse, having extended deadlines in many states.
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How Does it Affect Personal Injury Claims?
The statute of limitations can have a multifold impact on personal injury claims. Being aware of the deadline means lawyers can speed up the process of evidence collection to file the claim on time.
If the claim isn’t filed within the deadline, defendants can ask to waive the claim.
Being aware of the statute of limitations gives lawyers and plaintiffs the chance to act quickly. This is important because key evidence to the case can be lost, erased over time, or forgotten by witnesses. Without strong evidence, a claim will not pass in court.
Another way that the statute of limitations helps is by encouraging people to get medical help quickly, which is an indirect outcome of having to file a claim on time.
Exceptions
It is important to note that there are exceptions to the statute of limitations, like the discovery rule, which gives plaintiffs a right to file a claim within a time period after their injuries are discovered.
Tolling is another concept that can be used to extend the statute of limitations, where the deadline is paused, for example, when the victim has to undergo medical treatment for injuries. As the injuries occurred due to the accident and threatened the life of the victim, the deadline can be paused till the victim recovers to participate in court procedures.
What Victims Can Do to Avoid Missing Deadlines
There are several steps that victims can take to ensure their claims are filed on time. These include:
- As soon as you’re involved in an accident, make sure you file a report. This serves as a record and evidence that your accident happened. Failing to file a report after an accident could lead to complications.
- Make sure you get immediate medical attention so there is an official record of your injuries. Medical records are used to determine the cost of your claim and are a crucial piece of evidence.
- Hire a lawyer after you’ve gotten medical attention and informed the authorities. Doing this as soon as possible ensures that your lawyer has enough time to file the claim and collect the evidence.
- Be honest with your lawyer and provide them with all the information they need to file the case. Leaving out details could lead to delays or other problems in litigation.
Conclusion
The statute of limitations is a crucial factor in personal injury claims, affecting when plaintiffs can claim compensation. Failing to meet this deadline can prove disastrous, as defendants can file for a dismissal.
Plaintiffs should get immediate medical attention, follow all the required procedures, and hire a lawyer as soon as possible; it increases their chance of a successful claim.
In some cases, concepts like tolling and the discovery rule may be applicable, giving plaintiffs a chance to recover from injuries or the chance to win compensation for expensive medical procedures.
