Can I still sue if I was the victim of aggravated almost 2 years ago?

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Can I still sue if I was the victim of aggravated almost 2 years ago?

I was struck on the face at a bar. I decided against filing a police report because I was 20 years old at the time and did not want to get in additional trouble for being underage at a bar. Since the statute of limitations of AB is 3 years, can I file the police report now? If so, could I still get in trouble for being underage at a bar when this incident occurred?

Asked on February 3, 2014 under Criminal Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Statutes of limitation restrict the time period that a person can file a lawsuit and vary from state-to-state as well as by the type of legal action involved. In Illinois, the statute of limitations for personal injury actions is generally 2 years from the accident date.

For example, if you were hit and injured in a car accident on November 22, 2009, you typically have until November 22, 2011 to file a lawsuit and attempt to recover damages against the party or parties responsible for the injury. However, as in many areas of the law, several exceptions apply.

Certain circumstances may toll the statute of limitations for personal injury cases, meaning the statute of limitations is put on hold and set aside for a period of time. Typical reasons for tolling the statute of limitations include: the age of the victim, and the mental competency of the victim.

For example, if the victim of the injury was a minor (under age 18) at the time of the injury, the statute of limitations period doesn't start running until the minor reaches age 18. Once 18, the injured minor has two years, or until age 20, to file a personal injury action.

Another reason to toll the statute of limitations is when the victim of the injury was not mentally competent at the time the injury occurred. If an injured party is deemed to be mentally incompetent, he or she will have 2-years after the disability is removed to file his or her personal injury case. For example, a person in a coma has 2-years to file suit after he or she wakes up from the coma.

Additionally, certain personal injury cases, like sexual abuse and molestation, have longer statute of limitations depending on the age of the victim and whether the memory of the abuse has been repressed due to the trauma the abuse caused.  

Based upon what you have written about, I suggest you consult with a personal injury attorney as soon as possible in your locality. One can be found on attorneypages.com.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The statute of limitations for underage drinking will determine whether or not you can still be charged for that in the criminal case.

As for the assault and battery case, assault and battery are both civil and criminal.  If you are correct about the statute of limitations, you can still file a lawsuit for assault and battery.  This civil case (lawsuit) is separate from the criminal case.

If you file a police report now, the police will ask why you waited two years to file; so the underage drinking issue may present a problem unless the statute of limitations on that has tolled (expired).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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