Legal Question in Personal Injury in Illinois
auto accident
13 years ago i was in a accident, the other person died, It was not my fault, i was just served with papers for a lawsuit for wrongful death. is this past the statue of limitations?
2 Answers from Attorneys
Re: auto accident
Just a little. The statute of limitations for wrongful death is 2 years. You can move to dismiss the complaint under 735 ILCS 2-619, asserting the statute of limitations has run on the claim. Get a lawyer if you aren't sure you can do this effectively on your own.
Re: auto accident
If the person who died was a minor (under the age of 18) - they would have up to 2 years after they turn 18 to file a suit against you. So, in some occassions, as in where the plaintiff is a minor, the statute of limitations can be much longer, depending on the age of the individual.
I would recommend you check the age of the person who is filing a claim against you if you have not already to also confirm your defense on a statute of limitations basis.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
