Personal Injury Statutes of Limitations

    CHICAGO, IL, June 22, 2012 /24-7PressRelease/ -- If you have been hurt by the negligence of another person, you only have a limited amount of time to pursue compensation. This time frame is known as a statute of limitations, and is limited by many different factors depending on the type of lawsuit you are filing. The exact statutes are determined by state law. Here is a basic rundown on the statutes of limitations in effect in Illinois.

General Personal Injury Statute of Limitations

For most personal injury lawsuits, the statute of limitations is 2 years from the date of injury. The only exception is when the injury is the result of a criminal action. In this case, the statute of limitations is 2 years after the establishment of a criminal victims' escrow account. The exception to this is when the crime is first degree murder, a Class X felony or a Class 1 felony. In this case, there is no statute of limitations for civil lawsuits.

Medical malpractice Statute of Limitations

Medical malpractice lawsuits have the same general 2 year statute of limitations, but with a few changes. In medical malpractice, you are allowed extra time for discovery of injury. Instead of the statute of limitations clock starting immediately at the date of injury, it doesn't begin counting until you discover, or reasonably should have discovered, the existence of an injury due to malpractice. However, there is a strict 4 year statute of limitations that begins counting at the date of injury.

Product Liability

Product liability lawsuits have the same 2 year statute of limitations from the date of injury. However, they also have what is known as a statute of repose. That is, no lawsuits can be brought against a manufacturer after 12 years from the date of the product's first sale. In addition, no lawsuit can be brought involving an individual item 10 years after its sale to its first owner.

Wrongful Death

Wrongful death lawsuits are governed by a 2 year statute of limitations that begins on the date of a person's death. There is no discovery statute in wrongful death lawsuits, but wrongful death lawsuits can be pursued later if they are related to criminal actions. See General Personal Injury above for more information.

If you have been hurt or lost a loved one as a result of another person's negligence, your time to recover is strictly limited by the law. Although two years may seem like a long time to file a lawsuit, it's not, really. The sooner you begin pursuing your action, the more likely you are to be able to get your case filed on time.

To learn more about personal injury lawsuits, please visit the website of Harvey L. Walner & Associates, Ltd. in Chicago at www.walnerlaw.com.

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