Statute of Limitations
A statute of limitations is a prescriptive period or time limit that sets the maximum time allowed to initiate legal proceedings after an event has occurred.
When the time limit specified in a statute of limitations is exceeded, a claim may no longer be filed or is subject to dismissal. In civil cases such as personal injury claims, the cause of action dictates the time restriction to file a claim. In addition to the case of action, the time restriction or deadline may also vary from state to state in the United States.
The purpose of the statute of limitations is to ensure that legal matters are resolved within a reasonable timeframe.
Illinois
2 years from the date that the accident occurred.
In the state of Illinois, other statute of limitations exist for personal injury claims, depending on the type of accident (cause of action) and other circumstances of the case and associated damages:
- Negligence: 2 years, 735 ILCS 5/12-202 (see Illinois car accident statute of limitations)
- Wrongful Death: 2 years from date of death, 740 ILCS 180/2(d)-(e)
- Minor: Aged 18 + 2 years/ If municipality then age 18 + 1 year, 735 ILCS 5/13-211
- Medical Malpractice: 2 years, 735 ILCS 5/13-212(a)
- Medical Malpractice Minor: If less than 18 years old, no more than 8 years after the date on which occurred the act or omission alleged in such action, provided that in NO event the cause of action is brought after the person’s 22nd Birthday, 735 ILCS 5/13-212(b)
- Municipality: 1 year SOL (includes governmental entities and employees), 745 ILCS 10/8-101
- Dram Shop: 1 year, 235 ILCS 5/6-21
- IL Court of Claims: 1 year Notice/ 2-year LIM, 705 ILCS 505/22-1 & 705 ILCS 505/22(c)
Kansas
2 years from the date that the accident occurred.
In the state of Kansas, other statute of limitations exist for personal injury claims, depending on the type of accident (cause of action) and other circumstances of the case and associated damages:
- Negligence: 2 years, K.S.A. § 60-513(a)(4)
- Wrongful Death: 2 years, K.S.A. § 60-513(a)(5)
- Minor: Birthday + 1 year, but in NO event more than 8 years after the act giving rise to the injury occurred, K.S.A. § 60-515(a)
- Malpractice: 2 years from discovery, K.S.A. § 60-513(a)(7)
- Municipality: See special notice requirements. Two-year statute of limitations, K.S.A § 12-105b / K.S.A. § 60-513(a)(4)
Missouri
5 years from the date that the accident occurred.
In Missouri, other statute of limitations exist for personal injury claims, depending on the type of accident (cause of action) and other circumstances of the case and associated damages:
- Negligence Action: 5 years from the date of the event/crash, RSMo § 516.120(4)
- Wrongful Death: 3 years from the date of death, RSMo § 537.100 (see Wrongful Death Statute of Limitations in Missouri)
- Minor/Mentally Incapacitated: 21+ 5 years, RSMo § 516.170 (see Statute of Limitations for Injured Minor)
- Nursing Home Abuse & Neglect: 2 years from date of occurrence of the act of neglect complained (see Nursing Home Abuse Statute of Limitations)
- Medical Malpractice: 2 years from date of occurrence of the act of neglect complained (see Medical Malpractice Statute of Limitations in Missouri & exceptions, RSMo § 516.105)
- Medical Malpractice Minor: If below 18 years old, then until 20th Birthday, but in NO event shall the action commence after 10 years from the date of the act of neglect, RSMo § 516.105(3)
- Municipality: 90 Notice & 5-year statute of limitations, RSMO § 82.210 / RSMO § 516.120(4)
Get Help With Your Personal Injury Case
It is important to consult with an experienced personal injury attorney to determine when your personal injury lawsuit can be filed. Once the statute of limitations has expired, you will be completely barred from bringing a personal injury claim. As such, it is important to consult an experienced personal injury attorney immediately if you intend to get a personal injury claim.
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