“Statute of Limitations on Third Party Claims”
Illinois Worker’s Compensation Lawyer Answers Your Questions on “Ask an Attorney”
Today’s Question: “I settled my workers’ compensation claim in 2006 for an injury that occurred in 2004. Is it too late for me to file a Third Party claim?”
Chicago Personal Injury Attorney: The answer to your question is: it depends. The statute of limitations in Illinois for most personal injury cases is two years. That means you have two years from the date of injury to file a lawsuit against the party responsible for your injuries. So if you were injured in 2004, you would have two years from that date to file your lawsuit.
However, the statute of limitations can be longer or shorter than two years, depending on the particular type of legal claim or the party you are suing. For example, cases brought against the state of Illinois must be brought within one year of the date of injury. Cases against the Chicago Transit Authority (CTA) require that certain notices be mailed (to the CTA) within 6 months of the date of injury. On the other hand, cases involving construction negligence can be brought within four years of the date of injury.
So, depending on the type of case you have and who you are suing, you could have from 6 months to four years to bring the case.”
As you can see, defining the statute of limitations for your case can be tricky. This is why it is crucial you have a competent Illinois personal injury lawyer on your side. If you’ve been injured and have questions about a third party claim, statutes of limitations, or any other factor of your potential case, contact a Chicago personal injury attorney without delay.
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