What is the Time Requirement for Filing an Illinois Broken Bone Lawsuit

What are the Time Constraints for Filing a Lawsuit to Recover for a Broken Bone in Illinois?

There is no way to illustrate the pain of a broken bone. The only way to truly understand the level of pain a broken bone causes an accident victim is to suffer the injury personally. If you experienced a broken bone in an Illinois accident, you have the right to pursue damages for that injury from the person or entity who caused the injury. 

The state of Illinois does not allow a substantial amount of time to file a lawsuit when you have broken bones. Illinois statute of limitations law, found at 735 ILCS 5/13-202, gives victims suffering from fractures caused by an auto accident, premises liability, slip and fall, or another personal injury accident two years to file a court claim.  With some exceptions, Illinois’ Statute of Limitations begins to run on the date of the injury, which is typically the date of the accident. Therefore, the victim must file his or her court case before the second anniversary of the accident or forever lose out on recovering damages. 

Exceptions to the two-year rule apply. For example, a minor who sustains a broken bone because of the negligence of another person may have until he or she reaches the age of majority to file a case in court. Your Illinois personal injury lawyer will explain in great detail how the statute of limitations works and how you can avoid its harsh results.

Filing a case in court well before the statute of limitations forbids you to do so has distinct advantages. With your lawyer’s help, you can request documents, take depositions, and conduct discovery only after you file a case in court. Valuable evidence could go missing, witnesses’ memories could fade, or leave the area if you wait too long to file, even though you filed before the deadline imposed by the statute of limitations. 


Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Personal Injury Law. You can receive a free and instant case review by calling our office at 312.422.0500.

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