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Paying Attention to the Time You Have to Seek Compensation for Personal Injuries

Posted on in Personal Injury

compensation for personal injuries, Illinois Personal Injury LawyerMost people's lives can get turned upside down by an injury that results from the negligent or intentional actions of another. When this happens, people may struggle to come to terms with their new lives, and even though they need help with the bills that may come with the injuries, they may feel like there is no time to pursue a civil suit for compensation. Unfortunately, leaving the decision to pursue compensation for a future date can lead to losing the right to sue.

A person may lose his or her right to sue another person or entity if the statute of limitation on their injury passes. The statute of limitations is a legal time limit beyond which a person cannot seek compensation for injuries caused. For example, in cases involving local public entities or their employees, a person cannot bring a lawsuit alleging injuries more than one year after the injuries are sustained.

For most negligence claims in Illinois, the injured party has two years in which to bring a lawsuit seeking to recover damages. The two years is generally calculated from the time of the injury, although in some situations, the time can be calculated from the time of a person's discovery of the injury. This is especially true in cases involving medical injuries that may not be discovered for some time. For example, if a doctor leaves a surgical tool inside a patient's body cavity during surgery, the patient may not discover his or her injury for a while. Therefore, the statute of limitations in a case such as this would accrue from the moment the patient finds out or should reasonably have found out about the tool.

In cases involving serious criminal conduct, the statute of limitations that applies may be up to 10 years after the person convicted of the criminal conduct finishes serving time for the crime, or there may be no statute of limitations at all.

It is also important to note that for injuries sustained by minors or by someone with a legal disability, they may be able to seek compensation through a lawsuit for two years after reaching the age of maturity or after the legal disability is removed. A legal disability may be defined in different ways and can include a person who is in a coma, or who due to circumstances is unable to bring a lawsuit.

Contact an Experienced Personal Injury Attorney

If you were injured due to the negligence of another person, speaking with a personal injury attorney about your case and options is in your best interest. Contact the experienced Crystal Lake personal injury attorneys at Botto Gilbert Lancaster, PC for a free consultation. Our skilled attorneys are available to provide you with a consultation on your case.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2062&ChapterID=58&SeqStart=8900000&SeqEnd=9200000

http://ilga.gov/legislation/ilcs/documents/073500050K13-212.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-211

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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