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What are the time limits on construction accident cases?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

 

In the state of Illinois, the statute of limitations on recovery in a personal injury construction accident case is two (2) years from the date of the injury and five (5) years for property damages cases. Unfortunately, many victims fail to seek legal counsel in a timely manner and thus ruin their chances of receiving compensation for their injuries and damages under state laws.

What Are the Statutes of Limitations? 

Statutes of limitations regulate when a person can be sued or convicted of a crime and apply to both civil and criminal cases. This means that if a plaintiff waits too long to file a claim, they cannot bring a case at all. While it can be frustrating, this keeps cases, evidence, and witnesses fresh and prevents court resources from being tied up in older lawsuits. 

Illinois’ Statutes of Limitations

If you or a loved one has suffered a construction accident, there are two laws to keep in mind. 

735 ILCS 5/13-202 for personal injuries 

Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued…” 

735 ILCS 5/13-205 property damage 

Actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued…” 

It is important to remember that these laws are a guideline. The two- and five-year limits may be extended or delayed, known legally as tolling if the damages are not discovered until later. This could include such things as: 

  • Delayed medical injuries
  • Lost income and opportunities
  • Concealed property damage
  • Injuries to a minor

If you or a loved one has suffered injuries due to negligence on the job site or a defective product, an experienced personal injury lawyer can review your claim and determine if there were unsafe working conditions, potential OSHA violations, and other hazards that may have existed at the time of your accident. They will also determine who may be liable for your injuries and damages and what compensation you may be entitled to.

We at Mike Agruss Law are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services. 

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at [email protected] or schedule a meeting with us here. We’re here 24/7. 

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