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When Should I File a Lawsuit if I was Bit by a Dog?
You have two years to file a lawsuit for personal injuries in Illinois. Dog bite cases are no different. If a dog attacks you and inflicts personal injuries and damages, then you must file suit within two years from the day of the incident. The only exception would be if you were a child at the time of the attack. In that case, you would have until you turned twenty.
What Is The Statute Of Limitations For Illinois Dog Bite Cases?
Every state limits how much time you have to bring certain kinds of lawsuits. They are known as statutes of limitations. Illinois' statute that governs how long you have to bring a dog bite or attack case is 735 ILCS 5/13-202. Here is the relevant part of that law:
"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…"
This is the same section that guides for all kinds of personal injury lawsuits in Chicago and Illinois generally. As you can see, it provides you with two years from the day when the cause of action first accrued. Accrual typically means the day of the incident but if you don't reasonably discovery your injuries until later then it would be the day when you did (or reasonably should have) discovered them. Naturally, there are exceptions, such as for children, but two years is the general guide.
Why Does Illinois Limit Your Right To Bring A Dog Bite Case?
Why does Illinois have statutes of limitations for dog bite cases? There are a few accepted justifications for statutes of limitations with dog bites cases. First, the legal system wants to encourage people to file sooner to save court resources. Second, it is easier to try fresher cases. Third, less problems arise when cases are tried nearer in time to the underlying events that gave rise to the suit. Hopefully, these reasons help you explain why Illinois has statutes of limitations capping the time that you have to bring a case for dog bite injuries. However, the important thing is that you realize that you have a case and that there is a limit on the time that you can bring one
Did We Answer All Your Dog Bite Questions?
Dog attacks are more frequent in Illinois than you might think. When they strike, they can be very serious, even deadly. Children are scarred for life; teenagers are delayed from entering college ; and adults are unable to go back to work due to an injury such as a severed nerve. Rosenfeld Injury Lawyers LLC knows the toll of dog bites and the impact that these incidents have on your life. That's why we work on contingency, at no-cost until the conclusion of the cause of action. Want to hear more? We can answer all your Illinois dog bite questions if you contact our offices today. Someone from Rosenfeld Injury Lawyers LLC would be happy to sit with you and help you through the process so that you get the recovery that is rightfully yours.
For additional information see the following pages:
- Can Hospitals And Physicians Put a Medical Lien On Dog Bite Cases?
- Can I Recover Compensation For a Dog Attack Even if It Did Not Bite Me?
- Can I Sue a Landlord Or Property Management Company if I Am Bit by a Dog?
- What are the Most Common Types of Dogs to Attack?
- How Much is my Dog Bite Case Worth?
- What Compensation Can I Receive if I Am Scarred by Dog Bite?
- What Must I Prove to Win a Dog Bite Injury Case in Illinois?
- When Should I Get a Lawyer After I Am Bit by a Dog?
- Who Pays for a Settlement in Chicago Dog Bite Cases?