Accidents are, unfortunately, a daily occurrence. While some people cause their injuries through clumsiness or carelessness, others are hurt because of the actions of others. If this describes your current situation, contact an attorney to discuss how you can get fair compensation from the people responsible for your accident by filing a personal injury claim.
It is normal for injured victims to spend time in recovery before they get started on a legal claim, but you should avoid waiting too long. The law provides a limited amount of time for plaintiffs to sue and, if this window closes, you might be out of luck. Your attorney can help you make sure your case is filed on time as well as assist in various other preparations, like collecting evidence and assessing damages. For your case to succeed, we need to prove how the defendant is negligent. The evidence may vary based on your unique circumstances, and your lawyer should have the skills and experience to find what you need.
Get in touch with our Chicago personal injury attorneys for a free case evaluation by calling the Rhatigan Law Offices at (312) 578-8502.
When is a Good Time to Start a Personal Injury Lawsuit in Hoffman Estates
One of the biggest questions injured people have is about the best time to start a lawsuit. Should you talk to a lawyer and sue someone immediately? Perhaps it is a better idea to wait a while before taking legal action. There is no one correct answer, and you should speak to an attorney about what is best for your specific situation. However, the law imposes a strict time limit on how long injured victims have to file lawsuits for their injuries.
The Statute of Limitations
The statute of limitations, according to 735 I.L.C.S. § 5/13-202, is only 2 years. This limitation period begins on the day you are injured, which means the clock starts ticking almost right away. In short, time is of the essence, and it is wise to speak to a lawyer sooner rather than later. If your case is not filed by the end of the 2-year limitation period, you could lose your right to sue unless very special circumstances are present.
It is not uncommon for injured victims to not be entirely sure of when their limitation period begins. For example, if your injuries arise over time, such as from exposure to hazardous material at work, the precise date of your injuries might be hard to figure out. Your attorney can review your situation and help you determine when the limitation period begins.
Tolling the Statute of Limitations
What happens if my time is running out? If you are nearing the end of the limitation period or it has already passed, our personal injury lawyers might be able to help you have the statute of limitations tolled. Tolling essentially pauses the clock, but only for very specific reasons. If these reasons do not exist in your case, you might be out of luck.
You may have the statute tolled if the defendant leaves the state, according to § 5/13-208(a). If the defendant is outside Illinois when the cause of action accrues, the limitation period would not begin until they return. If they leave the state after the cause of action accrues, the limitation may be tolled beginning on the day the defendant leaves and may resume only when they return. Generally, the defendant should be beyond the reach of this state’s jurisdiction. This means that, to toll the limitation period, the defendant must be unreachable, even by long-arm statutes.
Another option is to have the statute tolled for plaintiffs who are minors or have legal disabilities under § 5/13-211(a). If you were younger than 18 when you were injured, the statute of limitations may be tolled until you turn 18. As such, you would have until age 20 to file a case. Alternatively, people with legal disabilities – which are often mental conditions that prevent someone from understanding their rights – may have the statute tolled until their disability is removed.
Reasons You Should Hire a Lawyer to Help You with Your Personal Injury Case in Hoffman Estates
It is not unusual to see injured victims resist filing lawsuits or even talking to lawyers about their cases. It is somewhat understandable, as starting a lawsuit can be a major endeavor, and many people worry if the cost of going to court will be worth it in the end. Some try to navigate their cases alone, but this is unwise, as the legal system is infamous for being complex and hard to understand.
You should hire an experienced attorney to help you. They can do all the heavy lifting – legally speaking, anyway – while you rest and recover. Your lawyer can begin by assessing your claims, including the nature of the claim, whether you have grounds to sue, and the value of your damages. Your attorney can also gather and assess evidence to determine how strong your case is. The strength of your evidence may determine what strategies we employ in the courtroom.
Once you and your attorney have all the information necessary to begin, your lawyer can start drafting the complaint and preparing to serve notice on the defendant. The complaint needs to contain all information about the case, including who is involved, the extent of your damages, evidence, and more. Once the complaint is filed, your attorney must make sure the defendant is served notice so they can submit an answer. If notice is not served or served in a way that does not comport with the law, the whole case might be thrown out.
Contact Our Hoffman Estates Personal Injury Attorneys to Talk About Your Case
Get in touch with our personal injury attorneys for a free case evaluation by calling the Rhatigan Law Offices at (312) 578-8502.
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