How Far Back Can You Claim Personal Injury?

 After someone else has injured you due to their negligent actions, you have the legal option to pursue a personal injury claim. This will allow you to recover monetary damages that have caused you hardship. However, you will have to decide rather quickly to file your lawsuit as there are time limits in place for personal injuries.

Known as the statute of limitations, it gives you a set amount of time to take legal action against the liable party. If you wait too long, this time limit will expire and you will be barred from pursuing financial compensation. 

What to Know About the Statute of Limitations in the State of Illinois

For personal injury or wrongful death claims, you have two years to file a lawsuit. The time limit begins on the date the injury occurred in most cases. If you are filing a wrongful death claim after the loss of a loved one, it begins on the date of their passing.

The statute of limitations can vary depending on the type of personal injury case, too. For example, medical malpractice cases have a two-year limit either on the date of the injury or when you became aware of this injury. In situations where the victim of medical malpractice is a child, this statute of limitations is open for eight years from the date of the act that caused the injury. The only stipulation is that the claim must be filed prior to their 22nd birthday.

In most cases, you’ll be working with a two-year limit, which may sound like plenty of time. Much of this time will be spent seeking medical treatment for your injuries. You’ll also need to present valid proof of the accident, your injuries, and your damages. Before you know it, two years will have flown by. If you don’t act quickly, you may lose your chance to recover the compensation you deserve. 

Why Time Limits Are in Place for Personal Injuries

The more time that passes, the more difficult it is to prove a personal injury. Evidence is used to prove the particulars of each case, and in time, it fades. Essential documentation and records may be lost. Witnesses may move away, forget crucial details, or even pass away. This is why you shouldn’t waste any time pursuing your personal injury claim. 

You should take action within a reasonable amount of time. While there are limits imposed, there are rules in place to protect you in the event you do not realize your injury until after the fact. 

Understanding the Discovery Rule and Pursuing Personal Injury Claims

After you have been injured, you should get medical treatment. However, even when you do, it is possible for you to not know of an injury until years later. This is where the discovery rule may apply for injuries that were not discovered immediately.

If you have an injury that was not immediately found, the statute of limitations would start running on the date of discovery. You would then have two years from this discovery date. 

Since the late discovery of an injury can be complex and difficult to prove, you will want a personal injury attorney to represent you. They can help you gather the evidence needed to support your claim and build a strong case. The discovery rule does give you a chance, but it’s important to note that the scope of it is limited. Discussing your injuries in a free initial consultation can help you understand your legal options.