How Long Do You Have to File a Medical Malpractice Claim in Illinois?
As you consider taking action in your malpractice case, you should keep in mind the statute of limitations that applies to your case. The statute of limitations is the time period you have to file a lawsuit in court.
Under Illinois law, you have two years from the date you knew or reasonably should have known that a negligent act or omission occurred in your case. However, in no case can you bring a claim more than four years after that date.
A special rule applies when a minor, or a patient under age 18, is the victim of medical negligence. The minor is allowed eight years from the date of the act or omission to bring a claim, or until he or she turns age 22.
If a claim involves the wrongful death of a loved one, the statute of limitations is two years from the death of the death.
As you can see from the above, much goes into investigating and preparing a claim in Illinois. So, you should contact a chicago medical malpractice lawyer as soon as possible in order to ensure your claim is timely filed.
What Can You Recover in a Medical Negligence Claim?
When you pursue a medical malpractice claim in Illinois, you can seek to recover all damages caused by the medical negligence, including compensation for:
- Past and future medical expenses
- Lost past and future income
- Scarring and disfigurement
- Mental anguish
- Loss of quality of life
- Pain and suffering.
You cannot recover punitive damages in an Illinois medical malpractice claim. Different damages may be pursued if the case involves a wrongful death.
An Illinois statute places a cap on the amount that can be recovered in non-economic damages such as a pain and suffering. However, the Illinois Supreme Court has ruled that the cap is unconstitutional.
Contact an Attorney Today
The lawyers of Salvi, Schostok & Pritchard P.C., can begin an immediate investigation of your medical malpractice case in Chicago or elsewhere in Illinois. We can also consult with highly qualified medical experts who can review your case and help us to assess why you or a loved one suffered harm.
Strict time limits apply to filing claims in Illinois. This makes it important to take immediate action if you believe that you or a loved one was harmed by the negligence of a medical professional.
When you are ready to act, contact the attorneys of Salvi, Schostok & Pritchard P.C. We are ready to use our skills, experience and resources to help you seek the justice you deserve. Schedule a free, confidential consultation today by contacting us today by phone or online.
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