What is the statute of limitations for a civil suit regarding an injury?

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What is the statute of limitations for a civil suit regarding an injury?

I had a accident in a home 2 years ago. I fell backward into a basement and filed with a PI attorney. We are still in the midst of working it out. Can I also sue in a civil court? I’m in IL.

Asked on November 2, 2011 under Personal Injury, Illinois

Answers:

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

Answered 9 years ago | Contributor

In IL, the statute of limitations in a personal injury case is two years.  You will need to file your lawsuit prior to the second anniversary of the accident or you will lose your rights forever in the matter.

If the two year anniversary of the accident has already elapsed, it is too late to file the lawsuit because it is barred by the statute of limitations.  If the two year anniversary is rapidly approaching, you should file the lawsuit and not risk the chance of missing the statute.  If the case is settled, NO lawsuit is filed. 

Your damages (compensation you are seeking) should include the medical bills, pain and suffering, and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

 


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