When Should I File a Lawsuit if I was Bit by a Dog?

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 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