How long after an incident can you file an injury lawsuit?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long after an incident can you file an injury lawsuit?

Son is now 19. At 14 he sustained a brachial plexus injury during football practice with permanent paralysis of his right hand. We recently found out from our son that previous to the hit that caused the paralysis, he had a “stinger” during that same practice session and was told by the coaches to “stop whining, shake it off, and return to practice”. At the time we did consult an attorney but was told we had no case unless we could prove negligence and did not know this information. Could we file at suit now, in light of the new info from my son?

Asked on June 14, 2012 under Personal Injury, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Illinois has a two year statute of limitations in a personal injury case which means the lawsuit must be filed prior to the two year anniversary of the injury.

However, the Illinois statute of limitations also provides that an injured minor has two years after his eighteenth birthday to file a lawsuit in a personal injury case.  Therefore, it may not be too late for your son to file a lawsuit for negligence against the school district and coaches.  It would be advisable to speak with a personal injury attorney in Illinois.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption