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If someone gets hurt on city or county property in Illinois, a formal claim must be made in ance with the Illinois Court of Claims Act with the State Attorney General within one year of the incident. If the matter is not resolved and the victim wishes to file suit, they have 2 years from the incident to do so.
The statute of limitations and the statute of repose are vital instruments of Illinois law that provide time limits, closure, and peace of mind to potential parties involved in lawsuits. A statute of limitations provides a time limit within which a party can bring a lawsuit, or the state can bring a criminal charge.
How Long Is the Illinois Personal Injury Statute of Limitations? The statute of limitations for a personal injury or wrongful death claim is two years in the state of Illinois. For most personal injury claims, the two-year limit begins on the date the injury occurred. For wrongful death, it begins on the date of death.
In California, release of liability waivers are legally enforceable contracts in which you assume the risk of injury for engaging in potentially dangerous activities.
For example, if a defective product first sold to a consumer more than ten years ago causes an injury, a ten-year statute of repose (that starts on the product's original date of purchase) might bar a claim even if the statute of limitations (which starts on the date of injury) does not.
Under 735 ILCS 5/13-212, the statute of repose is four years from the date an injury is suffered. This applies to both general personal injury matters and medical negligence claims. Illinois has a longer statute of repose for product liability cases.
In some instances, exceptions to the two-year statute of limitations for personal injury claims exist. First, the law allows for a variation to the rule for injured persons under the age of 18 when the accident occurred. The two-year time limit will not begin running until the person reaches the age of 18.