What is A Statute of Limitations?
State laws provide how many years an aggrieved party has to file a lawsuit, or forever be barred. Typically, in Illinois, the Statute of Limitations for personal injury suits is Two Years, with exceptions for actions against a Municipal Corporation, which is One Year, and Notice is required to be filed withing Six Months after an accident involving The Chicago Transportation Authority. Defamation and Dram Shop actions are also limited to One Year to file suit. Exceptions to the Statute of Limitations are available for minors and disabled plaintiffs.
In Medical Malpractice Cases and Products Liability Cases, the Statute of Limitations may be interpreted to be the Date of Discovery (when a reasonable person would conclude that an injury occurred AND that it was negligently caused, a two prong test). Additionally, the Statute of Repose sets an outside limit, for public policy reasons, to further restrict the time one may file a law suit, even if the plaintiff did not know he was injured.
In Medical Malpractice Cases and Products Liability Cases, the Statute of Limitations may be interpreted to be the Date of Discovery (when a reasonable person would conclude that an injury occurred AND that it was negligently caused, a two prong test). Additionally, the Statute of Repose sets an outside limit, for public policy reasons, to further restrict the time one may file a law suit, even if the plaintiff did not know he was injured.
