COVID-19 UPDATE: To protect our employees, their families, and the community, Montgomery Law Firm will remain virtually open during the current situation. We will remain accessible by telephone, email, and video conference. We will continue to represent our clients and review new cases.

Montgomery Law Firm LLC Trial Lawyers
Call To Schedule An Initial Consultation
Montgomery Law Firm LLC Trial Lawyers
Call To Schedule An Initial Consultation

Resolving Illinois’s Legal Concerns For Over 35 Years

 

Resolving Illinois’s Legal Concerns For Over 35 Years

We have the resources and legal insights you need to move past your problems and toward a better future.

What is the statute of limitations on medical malpractice claims?

On Behalf of | Nov 3, 2022 | Medical Malpractice

The statute of limitations is the time limit for filing a lawsuit. Most civil and criminal actions have a time limit.

Medical malpractice has several statutes of limitations because the time limit depends on the situation.

General rule

The basic statute of limitations for a medical malpractice claim is two years from the time of the incident. However, if you are not aware of the malpractice right away, the timer will not begin until you become aware. But the state still puts an ultimate limit on the situation at four years from the occurrence date regardless of when you found out. For example, if you did not discover the injury until three years after it happened, then you only have one year to file a claim.

Minors

The law is different for those who are under the age of 18. The statute of limitations will begin once the person turns 18. But the state also puts a cap on the time, requiring all lawsuits to occur before the person turns 22.

Disabled

If a person suffers a disability that incapacitates him or her and prevents bringing a lawsuit, the statute of limitations will pause until the person is once again competent and able to bring the lawsuit. The general time limit of two years applies in this situation, but because the person cannot legally bring a claim to court due to the disability, the pause becomes effective to allow for fairness. Once the disability is gone, the timer starts running again.

Knowing the statute of limitations is essential because if you bring a lawsuit after it expires, the court will throw out your claim.