How Long Do I Have To File A Personal Injury Lawsuit Involving A Fractured Bone Under Illinois Law?

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)

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.

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.