As laws vary from state to state,it is important to enlist the help of an experienced local state personal injury attorney who is well versed in the laws that will determine the outcome of your personal injury claim. A state’s statute of limitations for filing a claim or lawsuit govern the timeframe in which it has to be filed. The state’s negligence laws determine how blame is assigned in an accident. Read on to further explore the statue of limitations for Illinois personal injury claims and their comparative fault negligence laws.
Statute of Limitations
Within the state of Illinois,the statute of limitations allows for a two-year window in which to file your personal injury claim. That window opens on the day of the accident and ends two years later. There are some cases,however,when an injury was not discovered at the time of the accident; in these cases,the two-year time limit starts on the day the individual discovered they were injured,known as the ‘discovery date’.
To file a lawsuit against a city or country,there is a one-year time limit. To sue a state,there is a two-year limit for filing,but the formal claim must be filed within a year.
Comparative Fault Negligence
The Illinois state comparative fault negligence doctrine applies to accidents that were contributed to by more than one individual. This law apportions negligence amongst those involved and assigns each individual a percentage of the total negligence. The number they are assigned determines how much,if any,damages they are entitled to receive. The higher the percentage of negligence,the lower the damages; the lower the negligence,the higher the damages.
Personal injury claims are not only decided by the circumstances of the accident,but also by the individual laws governing the state in which the accident occurred,such as the statute of limitations for Illinois personal injury claims.