What is the statute of limitations to file a personal injury pain and suffering claim?

UPDATED: Jan 4, 2011

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What is the statute of limitations to file a personal injury pain and suffering claim?

In IL; we live in TX now. Our incident involves DCFS.

Asked on January 4, 2011 under Personal Injury, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is my understanding that the Statute of Limitations for a personal injury action in Illinois is two years, with what is known as a "modified discovery rule" -  knew or should have known injury was wrongfully caused even if plaintiff did not know it was actionable.  However, what concerns me here is that you mention that it involves the Illinois Department of Child and Family Services.  Suits that involve State and Municipal agencies have special rules regarding the filing of claims against them.  Sometimes state law requires that you file a special Notice of Claim within a certain time period or you are not permitted to file a suit. I would seek consultation from a personal injury attorney in Illinois on this matter as soon as you can. Consultation should be free.  Good luck.

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