In Illinois, every potential lawsuit has a statute of limitations – that is the time frame that you are allowed to bring a lawsuit. After the statute of limitations expires, your claim is barred. The statute of limitations varies depending on the type of case. The statute of limitations for personal injury or medical malpractice is slightly different than the statute of limitations in Illinois birth injury cases.
Statute of Limitations in Illinois Personal Injury Cases
In personal injury cases that deadline is two years from the date of the injury or two years from the date you knew or should have known your injury was wrongfully caused.
The “discovery rule” allows you to start your lawsuit within two years after the date you first knew or should have known, of the existence of the personal injury.
Statute of Limitations in Illinois Medical Malpractice Cases
In medical malpractice cases, the statute of limitations is slightly different than a general personal injury matter. Illinois statute of limitations mandates that medical malpractice cases must be filed within two years of the injury. The Illinois Statute of Repose dictates that cases must be filed no more than four years after the injury occurred if the injury has not yet been discovered within the two-year limit.
Statute of Limitations in Illinois Birth Injury Cases
However, with birth injury claims, the statute of limitations in Illinois birth injury cases mandates that your lawsuit must be filed within eight years of your child’s injury. No claims can be made after your child’s 22nd birthday.
In cases where, unfortunately, your child died as a result of malpractice, infant wrongful death must be filed within two years from the date of death.
When Should I Contact a Lawyer?
It’s important to contact a lawyer as soon as your child has been diagnosed with a birth injury. It’s important to make sure that your child gets the care and treatment he or she needs for their birth injury immediately. In the same regard, it is important that you consult with a lawyer immediately. A lawyer will help guide you through the process of making a claim and help you get the money you need to provide for your child’s necessary care. If you’d like to speak with a lawyer or get a free consultation contact John Risvold at The Collins Law Firm.