Slip and fall accidents can cause serious injuries and extensive financial losses. If you plan on seeking compensation for your injuries, you will have a limited time to file your slip and fall claim in Geneva. If you miss the deadline, you may be barred from recovering compensation in court.
Statute of Limitations for Slip and Fall Claims in Illinois
In most cases, Illinois law gives slip and fall victims two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations and applies to most premises liability claims.
The two-year period typically begins on the date the injury occurred. If you fail to file a lawsuit within this timeframe, the court will likely dismiss your case.
It is important to note that filing an insurance claim or negotiating a settlement does not stop the statute of limitations from running. Only the formal filing of a personal injury lawsuit in civil court preserves your right to compensation.
Exceptions That Could Change the Deadline
While the two-year statute of limitations applies to most slip and fall claims, certain situations can shorten or extend the deadline. These exceptions can often depend on the specific facts of the case.
- Claims involving government property may have shorter notice requirements. If your fall occurred on property owned or maintained by a government entity, special rules may apply. You may be required to provide formal notice of your claim within a much shorter period of time before filing a lawsuit.
- Claims involving minors may have extended deadlines. If the injured person is under 18 years old, the statute of limitations may be paused until they reach legal adulthood to give them time to file.
- Delayed discovery of injuries can sometimes affect the deadline. If an injury was not immediately apparent after the fall, the statute of limitations may begin when the injury was discovered (or reasonably should have been discovered). This exception is not as common in slip and fall cases.
- Wrongful death claims arising from a fatal slip and fall may be subject to different timing rules. Specifically, the clock will start ticking on the date of your loved one’s death (If the injury occurred on a different date.
You shouldn’t rely on an exception when contemplating legal action, even if you think one applies.
Contact an Attorney for Help Determining the Deadline
Understanding and complying with filing deadlines is critical to protecting your rights after a slip and fall accident. An experienced Illinois slip and fall attorney can review the details of your case, determine the correct deadline, and ensure your compliance with all legal requirements.
If you were injured in a slip and fall accident, contacting a qualified attorney as soon as possible can help preserve your claim and give you the best chance at recovery. Contact an experienced Geneva slip and fall lawyer at Feagans Law Group to learn more about your rights.