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How Long do I Have to File a Personal Injury Lawsuit Involving a Fractured Bone Under Illinois Law?

How Long Do I Have To File A Personal Injury Lawsuit Involving A Fractured Bone Under Illinois Law? Normally, you will have two years to file a personal injury lawsuit for your broken bone injuries in an Illinois court.

  1. So What Are The Time Limits For Illinois Broken Bone Claims?
  2. What Steps Can I Take To Make Sure I File My Claim On Time?
  3. What If I Don't File My Illinois Broken Bone Case On Time?
  4. Is Your Claim Nearing The Deadline? Call Us Today!

So What Are The Time Limits For Illinois Broken Bone Claims?

Because broken bones are personal injuries, you have 2 years from the accident to bring a lawsuit. 735 ILCS 5/13-202. However, if your suit is brought in the context of a medical malpractice case then that clock does not start running until you discover your injury except that it no case can you bring it 4 years after the date of the accident. 735 ILCS 5/13-212. The same is true for broken bones and products liability cases in that the clock waits until discovery is made but here the law still bars cases 12 years after the first sale and 10 years after the first user obtains the item. 735 ILCS 5/13-213(b)

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What Steps Can I Take To Make Sure I File My Claim On Time?

As you can see, the stakes are high to make sure that you file your broken bone claim on time in Illinois. If you don't, then you won't be able to recover at all. Therefore, it's important that you take some steps to guarantee that your suit is timely. First, as soon as possible, work with your lawyer to gather all of your medical records and employment records. These will allow you to build your case quickly. Second, figure out who was at the scene and involved in the incident. This will let you identify who was responsible for your injuries. Third, go to the relevant courthouse and get their rules. This will make sure your complaint is proper and fulfills all the court's requirements. While there may be others, these simple steps will greatly increase your chances that your broken bone claim will be filed on time in an Illinois court.

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What If I Don't File My Illinois Broken Bone Case On Time?

If you don't file your Illinois broken bone case on time, there are some things you can do. First, if the accident was on the job, check and see if you can file a workers' compensation claim with the Illinois Workers' Compensation Commission. This might allow you to skirt around the courts and still recover. Second, see if some exception exists to the relevant statute of limitations like fraudulent concealment, maturity, or discovery. Finally, try and make a deal with the offender directly. This might be to the offender's benefit because the dispute itself is bad media so he or she may be willing to make a deal. There might be other things that you can do if you fail to file your claim by the deadline but the important thing to focus on is that you don't miss that in the first place.

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Is Your Claim Nearing The Deadline? Call Us Today!

Rosenfeld Injury Lawyers LLC works very hard to get our clients' claims filed before they are too late. We can help get yours in on time as well. Plus, we can represent you on contingency which means that you don't pay unless you're satisfied with the results. Want to learn about your path to recovery? Call us today. Rosenfeld Injury Lawyers LLC is ready to open your case!

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Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa