Legal Question in Personal Injury in Illinois
I need an eception to 2 yr statute of limitation (ened in Dec. 20007, maybe.....actual injury did not manifest until July 2008, now permanent injury due to landlord negligence, have pictures, etc. now that I am finally able to mentally function somewhat NOW she tells me that the statute of limitations ended on December 2009. I was ot mentally or physically able to work with lawyer until now and she never told me about 2 year statute of limitations. I can not get insurance and I am a charity case. Landlord son threatened to have me illed before he would allow his mother to hand over a penny to me, police notified, this resulted in hopsitalization to psychiatric ward, my mother had also just died and was buried a few days before this threat, also landlord was forcing me to sign document which state I was not going to sue her; i refused she was having me evicted, I coudl barely walk but I left the building at 4:30 in the AM and moved to Florida, doctors also advised warm weather I was taking too many pain killers to function. This Chicago lawyer NEVER told me there was 2 yr limitation and I certainly was in no shape to even think od such a thing
2 Answers from Attorneys
The only way you can benefit from an exception to the 2 year statute is if you can show--that is with solid evidence in writing from doctors who have examined you and have treated you--that you were incapable of making decisions for the past few years. You have to show mental incapacity--unless you have something in writing from any of your doctors who can testify under oath that you were incapable of understanding what was going on around you, your chances of benefiting from any exception is very slim.
I hope this helps-
Please repost with more details concerning your actual injury that caused you to seek an attorney. What was the injury? What caused the injury? Also, what caused you to have a mental incapacity? Was this incapacity diagnosed?
When did the incident with the eviction take place? Why did the landlord "force" you to sig na paper that you would not sue her?
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