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Statutes of limitation in personal injury cases

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Posted on February 21, 2019

In the state of Illinois, a person has two years to file a lawsuit in a personal injury case. An individual has five years to file a lawsuit in the event that personal property was damaged. The statutes of limitation are designed to ensure that cases are processed in a timely manner and while evidence is still reliable. In most cases, the statute of limitations clock starts when an injury occurs.

However, it is possible that the clock won’t start until after a person discovers the injury or should have done so. A statute of limitation could also toll for a variety of reasons such as a victim being mentally incapacitated. If an individual is younger than 18 when an injury occurs, the limitation clock may stop until he or she reaches age 18. A contract between two parties may also modify the statute of limitations to take legal action.

If an injury is caused by medical malpractice, the statute of limitations may be six years instead of two. Under Illinois law, a judgment could be revived for up to 20 years. There is a five-year statute of limitations for claims involving fraud. Individuals who are unclear as to how a statute of limitation may apply in their case may be able to have their questions answered by an attorney.

Those who have been involved in a car or truck accident may be entitled to compensation for their injuries or other losses. An individual may receive a financial award to pay medical bills, replace damaged items or to refurbish a home to make it easier to live in. An attorney may file a personal injury lawsuit before a statute of limitations expires to protect a person’s rights even if the case is settled out of court.