Can I sue for an old injury?
Personal Injury - February 14, 2024
Illinois residents who sustain an injury because of another party’s negligence can sue that party, potentially collecting compensation for the damages sustained from the injury and its consequences. The Chicago personal injury attorneys from Horwitz, Horwitz & Associates have helped many injury victims pursue that compensation. Sometimes, clients ask, “Can I sue for an old injury?” A major factor in answering this question is knowing how long ago the injury occurred and where it happened.
What is the Illinois statute of limitations for filing an injury lawsuit?
Like all states, Illinois has a legal deadline for filing personal injury claims. This deadline is called a statute of limitations. Most personal injury victims in Illinois need to file claims within a two-year deadline.
The two-year clock can start ticking on the date of the accident causing the injury or when the injury is discovered. The symptoms of some injuries may take time to show since the shock of an accident often hides the effects. Other times, symptoms can worsen as time goes on.
For example, a car accident could cause an undetected back injury until the victim tries to move a certain way or use particular muscles. The pain caused by that activity is then traced back to the initially undetected injury. Getting a medical evaluation after any injury is crucial to fully diagnosing your medical condition.
Can you sue a company for old injuries?
The same statute of limitations applies if you are injured on a company or business’s property or by a company’s product. Injuries due to a property owner or manager’s negligence are personal injury cases called premises liability. Injuries caused by a defective or poorly designed product are called product liability cases.
If the company at fault for your injury is a government entity, the procedures for filing a lawsuit differ from those for filing against private individuals or companies. You may have less than two years to file your case. You can trust the Chicago personal injury attorneys from Horwitz, Horwitz & Associates to navigate your case’s complexities.
In the case of an Illinois workers’ compensation dispute, you typically cannot sue your employer or the company employing you. However, if another company’s negligence causes your on-the-job injury, you could file a third-party personal injury claim within the statute of limitations. For example, if you are hurt in your office building’s elevator, the elevator company may carry responsibility for failing to maintain the equipment.
What if my injury is over two years old?
Cases with older injuries come with more challenges than those occurring within the statute of limitations. However, do not automatically assume your injury is too old for compensation.
The team at Horwitz, Horwitz & Associates will review the circumstances of your accident and your injury’s onset. Sometimes, injuries go improperly undiagnosed or untreated; you should not have to pay for those errors. Your attorney may argue for an extended deadline if those errors prevented you from seeking compensation immediately.
Your age and mental well-being are also factors of consideration. If you were a minor or mentally incompetent when your injury occurred, you may have lacked the ability to communicate your symptoms, and these situations potentially warrant an extended statute of limitations.
We want to hear about your injury
Don’t give up on getting the compensation you deserve, even for an old injury. Illinois has a statute of limitations for filing personal injury claims, but some specific situations demand extensions. There’s no risk in contacting the Chicago personal injury attorneys from Horwitz, Horwitz & Associates. Call (800) 985-1819 to schedule a free case review and an opportunity to get financial justice for your losses.
