No matter how valid, injury claims are dismissed as a matter of law if the injured victim misses the filing deadline.
Time can be a powerful defense in legal matters. Accident victims and their loved ones need to be aware of it.
We are a nation of laws. And many laws, both federal and state, exist with the goal of providing justice to those who have been hurt or killed by the wrongful acts of another.
Sometimes, these laws define wrongdoing as a criminal act. Law enforcement, from police to prosecutors, are involved here. People are arrested, charged, convicted, and punished. Judgments involving money will be in the form of restitution or fines.
A great many statutes, however, create civil claims for damages as well. They help those who are victims of an accident. When someone suffers serious injury or death because of a breach of a duty of care or safety, these laws offer avenues for justice.
These civil claims are filed by the victim or the victim’s representative, not the government. Successful resolution means monetary damage awards paid to the plaintiff by the defendant(s).
Alongside these laws defining bad acts deserving of legal recompense are other laws that limit the time for the claims to be made. They set deadlines. If no legal claim is made within a certain time frame, the claim is subject to being “time barred” as a matter of law.
These deadlines can change when new laws are made. See, for example, “Lawmakers extend statute of limitations for rape, but only for some circumstances,” written by Garrett Bergquist and published by WISH-TV on May 15, 2025.
Deadlines Are Defined in “Statutes of Limitations”
In legal lingo, these deadline laws are called “statutes of limitations.” They vary. Federal deadlines may be different than state deadlines. Some entities that have breached duties of care and safety may have shorter time frames for filing of injury claims against them than others (like government agencies compared to private companies). And different types of legal claims will have different deadlines, too.
Why have them? A key rationale for statutes of limitations is due process. Memories fade. Documents and digital data may get lost or destroyed. Lawmakers believe these deadlines protect defendants from legal action many years after the event, when the ability to get a fair trial may be limited by the passage of time.
For accident victims, it is extremely important not only to know how long they have in their particular situation, but when that time ticker starts counting down to their filing deadline.
When does the clock start ticking?
In many situations, the answer involves a “discovery rule.” Essentially, under the discovery rule, the clock starts to tick at the time when the injured person (1) discovers or (2) reasonably should have discovered their injury.
This may be very different from the date and time when the victim suffered the injury.
For a discussion on the discovery rule related to brain injuries resulting from sports related incidents, particularly football, read Goldsmith Ph D, Andrew L. “For Whom the SOL Tolls: Examining the Role of the Discovery Rule and Statutes of Limitations in NCAA Concussion Litigation.” UNH Sports Law Review 1.1 (2022): 4.
Also read: Kids and Concussions: High School Football Brain Injuries and Helmets and Head Injuries: Construction, Football, Bicycles, Motorcycles, and More.
Another example: a patient who undergoes surgery where the doctor made a mistake. At first, they may feel fine and suspect nothing. It may be months, even a year or more, before any symptoms begin to alert them to medical negligence. Under certain circumstances and facts, the statute of limitations for medical malpractice may not begin to run until the discovery was made, or should have reasonably been made, not necessarily on the date of the surgery itself.
For more on medical malpractice, read: Medical Malpractice in Illinois and Indiana: Botched Surgeries, Nursing Home Neglect, and More.
Statute of Limitations for Personal Injury Claims
Personal injury civil claims are actions based upon harm suffered by the claimant because of the negligence, reckless behavior, or intentional conduct of the wrongdoer(s). Car accidents and semi-truck crashes are two examples of personal injury claims under Illinois and Indiana law.
See: High Number of Fatal Car Accidents in Indiana and Illinois: Protecting Yourself and Your Loved Ones and Common Types of Semi-Truck Crashes in Indiana.
Illinois
The Illinois statute of limitations for most personal injury claims is two years from when the cause of action accrues. 735 ILCS 5/13‑202.
Indiana
The Indiana statute of limitations for most personal injury claims is two years from when the cause of action accrues. IC 34‑11‑2‑4.
Statute of Limitations for Medical Malpractice Claims
Medical malpractice is a special type of professional negligence with different statutes of limitations. These are cases where the victim has suffered harm because of failures in medical treatment or health care. In these situations, not only is there a deadline when the medical malpractice claim has to be filed or be time-barred, but there is something called a “statute of repose,” that also bars the medical malpractice claim if it is filed more than a set number of years after the malpractice occurred.
Illinois
The general statute of limitations for medical malpractice in Illinois resulting in injury or death is two to four years, with a four year statute of repose. 735 ILCS 5/13‑212.
Indiana
The general statute of limitations for medical malpractice in Indiana resulting in injury or death is two to four years, with a four year statute of repose. IC 34-18-7-1.
Statute of Limitations for Product Liability
Defective products can permanently disable, catastrophically harm, or kill people in an instant. Still, there are defective and dangerous products being used on job sites and in homes every day here in Illinois and Indiana. Civil claims may be based upon things like failure to warn; defects in design; manufacturing failures; etc. For more, read Accident Injuries and Warning Labels: How Many Have Legal Liability for the Victim’s Harm?
Illinois
The statute of limitations for product liability claims in Illinois is two years with statutes of repose depending upon the situation of 10 or 12 years. 735 ILCS 5/13-213.
Indiana
The statute of limitations for product liability claims in Indiana is two years with a statute of repose depending upon the situation of 10 years. IC 34-20-3-1.
What About if the Accident Victim is a Minor?
Before someone reaches the legal age of adulthood, they are deemed to be a minor and under a “legal disability.” The statute of limitations can be “tolled” until that disability ends.
In Indiana and Illinois, they have two years after the disability ends to file their civil claim (in other words, two years from their 18th birthday).
Federal Statute of Limitations
There are some injuries that are covered by federal law, not the state statutes of Illinois and Indiana. One of the situations involves the Federal Employers’ Liability Act (FELA) (45 USC §51), which covers railroad worker injury claims.
FELA claims have a three year statute of limitations, which begins to run on the date that the cause of action accrues. There are tolling and other exceptions that may apply in certain situations.
Also read: Dangerous Railroads in Illinois, Indiana, Chicagoland: Deadly Collisions and Work Accidents.
Heavy Burden on Victims After An Accident: Claims in Illinois and Indiana
Because evidence can get lost or lose its trustworthiness over time, lawmakers have enacted statutes of limitations that set deadlines for most civil claims to be filed. The amount of time given before the claim is time-barred has been debated, and found to be reasonable to the victim while providing closure for all involved.
Whether or not this proves to be fair to the accident victim and their loved ones, who have been burdened with the injury and its aftermath, is debatable. Serious accidents are overwhelming in so many ways, not just for the person suffering from the bodily harm but for all those who care for and love them.
Nevertheless, our system is structured so that the victim of another’s wrongful actions has to make the decision to seek justice and to then take all the necessary steps to file the claim. And they must do so before the legal deadline has passed, or their claims will be subject to a statute of limitations defense.
Having the help of a legal advocate can be so important in these situations. Working together with experts in accident reconstruction, medical needs, and more, claims can be investigated; wrongdoers identified; and claims filed where monetary relief can be provided to those who have been hurt or killed because of the wrongful acts of others.
For more, read:
- Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases
- Accident Reconstruction Experts and Injury Claims
- 10 Types of Injury Damages That May Be Awarded to Accident Victims
- Wrongful Death Claims in Illinois and Indiana: Different Laws Providing Justice after a Fatal Injury
- Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
Those who have been hurt on the job, at school, while traveling, or at home in our part of the country may have legal claims to advance for monetary recompense against those who are legally responsible for their harm. However, they will have to deal with the harsh realities of the accident at the same time as having the job of pursuing their legal claims before the limitations deadline has passed. Please be careful out there!
