How Long do I Have to File a Lawsuit Related to Spinal Cord Injuries in Illinois?

Statutes of limitations are laws passed by the various states including Illinois that prohibit your right to bring a case for spinal cord injuries if it isn’t brought soon enough. They are normally enacted to motivate victims to file sooner rather than later as well as to preserve the court’s resources. The exact amount of time depends on how the victim was harmed and how the victim wants to pursue recovery. However, whatever the case, if they fail to file their cause of action within the relevant allotted amount of time, then they will forever be barred from obtaining compensation for their financial, bodily, emotional, and other damages. Therefore, it is critical that you meet with a qualified lawyer to determine how much time you have and what you need to do in order to submit an adequate and timely complaint.

Generally, you have 2 years to file a case for your spinal cord injuries. Illinois affords victims of personal injuries 2 years from the date of the accident to file a case. 735 ILCS 5/13-202. Yet, according to the Discovery Rule, this 2 – year limit does not start to run until the plaintiff realizes or should have realized about the injury and cause of action. However, if your spine was injured as a result of medical malpractice, then you have 4 years from the date of the incident to sue no matter when you discovered the accident took place or why it took place. 735 ILCS 5/13-212. Also, if your spine was harmed because of a defective product, then you have 10 years from when you first got it to bring a claim regardless of when you discovered the cause of ation. 735 ILCS 5/13-213(b).