How long after an incident can you file an injury lawsuit?
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How long after an incident can you file an injury lawsuit?
Son is now 19. At 14 he sustained a brachial plexus injury during football practice with permanent paralysis of his right hand. We recently found out from our son that previous to the hit that caused the paralysis, he had a “stinger” during that same practice session and was told by the coaches to “stop whining, shake it off, and return to practice”. At the time we did consult an attorney but was told we had no case unless we could prove negligence and did not know this information. Could we file at suit now, in light of the new info from my son?
Asked on June 14, 2012 under Personal Injury, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Illinois has a two year statute of limitations in a personal injury case which means the lawsuit must be filed prior to the two year anniversary of the injury.
However, the Illinois statute of limitations also provides that an injured minor has two years after his eighteenth birthday to file a lawsuit in a personal injury case. Therefore, it may not be too late for your son to file a lawsuit for negligence against the school district and coaches. It would be advisable to speak with a personal injury attorney in Illinois.
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