A statute of limitations is a law that sets the deadline for filing a civil lawsuit (such as against a healthcare provider in a birth injury claim) or a criminal charge against someone. Understanding the deadline for filing an Illinois birth injury claim is crucial, as missing this deadline could result in losing your right to recover compensation under the appropriate statute of limitations. While the standard deadline for Illinois personal injury lawsuits is two years from your injury date, birth injury cases involve special rules and deadlines.
In this article, we at Salvi, Schostok & Pritchard P.C. explain what you need to know about these lawsuits and how long you have to file one.
What Is the General Statute of Limitations for Medical Malpractice Cases in Illinois?
In most cases, the deadline to file a medical malpractice lawsuit in Illinois is two years from the injury date. However, injured patients may have more time to file a lawsuit if they do not immediately discover their injuries. In these cases, the deadline to file a lawsuit is two years from when a patient discovers or reasonably should have discovered the injury. There’s also a final deadline of four years from the injury date, regardless of when the patient discovered their injury.
What Are the Exceptions to the Statute of Limitations for a Birth Injury Case?
Birth injury cases involve different statutes of limitations because Illinois law makes exceptions for younger people who sustain malpractice-related injuries.
For those under 18 in Illinois, the birth injury statute of limitations gives people eight years from the injury date to file a medical malpractice lawsuit. (In these circumstances, a parent or guardian usually files a lawsuit on a child’s behalf.) However, the law also requires injured patients who are minors to file a lawsuit before their 22nd birthday, no matter how much time has passed since their initial injury.
Finally, patients under 18 who have severe disabilities may have additional time to file a lawsuit (or for their parents or guardians to file a lawsuit on their behalf). In these specific circumstances, the time limit for a birth injury lawsuit is indefinite, as the countdown pauses until the patient recovers from their disability. This provision gives families additional time to file a lawsuit in cases involving severe disabilities.
Contact Our Legal Team Today for Help
If you have questions about how long you have to sue for a birth injury in Illinois, the Chicago birth injury lawyers at Salvi, Schostok & Pritchard P.C. can help.
Our team has more than four decades of medical malpractice experience and has handled numerous birth injury cases. In one notable case, we recovered over $75 million for a client who suffered severe brain damage and other injuries due to poor medical care. We can handle all the legal work in your case and negotiate a fair settlement with the insurance companies. If the insurance companies are not open to a fair deal, we can take your case to trial and fight on your behalf.
You deserve a chance for justice if you or your child sustained a birth injury in Chicago. Call Salvi, Schostok & Pritchard P.C. now or complete our contact form for a free, no-obligation case review.
