What are the Time Limits for Cerebral Palsy Lawsuits in Illinois?
You have two years to file a case for Cerebral Palsy injuries in Illinois. If a doctor, hospital, or stranger injures you or your child and Cerebral Palsy develops as a result, then they have an obligation under the law to reimburse you for the damages but only if you pursue a case in court against them within two years of when the incident occurred. This is true regardless of what kind of case you bring-negligence, medical malpractice, or any other of the most frequent varieties. To understand more about the limits and opportunities of Cerebral Palsy litigation in Illinois, speak with our group of attorneys.
How Does Illinois Limit Your Right To Bring A Cerebral Palsy Case?
Like every other state, Illinois has statutes of limitations that prohibit you from pursuing a cause of action after a stated period of time. They do this to motivate you to file earlier. It is harder to try older cases and uses up more of the court's resources. But how do they set these limits? They prescribe time windows by the type of case that you bring. If you sue a defendant for Cerebral Palsy injuries under a negligence theory, then you have two years to file according to 735 ILCS 5/13-202:
"Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued…"
If you sue a defendant for Cerebral Palsy injuries under a medical malpractice theory, then you have two years to file according to 735 ILCS 5/13-212:
"No action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death."
Note, if a medication or health device caused your Cerebral Palsy, then you would have two years to file as well because it is a personal injury and 735 ILCS 5/13-202 applies. There are several exceptions and subtleties to statutes of limitations in Illinois especially as they relate to this condition. Children are generally afforded more time to file (they get 8 years to file but they must file before they turn 22 even if that period has not expired). Plaintiffs are given relief if the defendant conceals the misconduct. And all victims get an extension if they couldn't reasonably determine the condition at first. However, the general rule is two years.
Still Concerned About Your Illinois Personal Injury Claim?
Rosenfeld Injury Lawyers LLC has helped many people across Illinois understand the intricacies of the legal system. Many facets of litigation are not intuitive and require some practical explanation. Statutes of limitations are one prime example of that problem, especially for Cerebral Palsy cases. We explain a lot of this when we meet with clients in our initial consultation. To set up yours, and to begin buiding your case for recovery, contact the birth injury attorneys at Rosenfeld Injury Lawyers LLC today.
For additional information see the following pages:
- Can Cerebral Palsy Be Treated?
- Cerebral Palsy Statistics
- How Can a Cerebral Palsy Lawyer Help?
- How Can I Bring a Cerebral Palsy Lawsuit?
- How do Children Get Cerebral Palsy?
- How Does Cerebral Palsy Affect Children?
- What Are Cerebral Palsy Symptoms?
- What Compensation Is Available For Cerebral Palsy Injuries?
- What Is Cerebral Palsy?
- What Is The Average Cerebral Palsy Settlement?