Legal Question in Personal Injury in Illinois
Statute of Limitation for Municipalities
I was rear-ended by a school bus on 12/15/04. It is now 12/14/04 and the statute of limitation expires tomorrow. I have incurred over $15K in medical expenses. Of which almost $9K was paid by my insurance company. I have about $5K that is now outstanding. The insurance company's offer was $2600. They said their ''experts'' said that a lot of the treatment was unrelated and said that their was no proof that an MRI was ordered. I don't know what to do. It is too last minute to find a lawyer to represent me. I have the forms to file the suit but don't understand how to fill them out. Do I have recourse to sue the actual driver of the bus after the statute runs out?
2 Answers from Attorneys
Re: Statute of Limitation for Municipalities
You are right. No lawyer in his right mind would get involved in a situation where the statute is tomorrow.
You would be well advised to go ahead and file your complaint and begin the service of process on the city (which I assume is the bus owner?). Even if the complaint is not complete, you will have an opportunity to later fix or correct any deficiencies--but you have protected the statute.
Once you have filed your claim (naming both the driver and the bus owner) and the statute is protected then you may stand a better chance in getting a lawyer. Even then, because you have taken the matters in your own hands, and it is unclear as to what you have said to whom, a lawyer may be reluctant is getting involved.
I hope this helps,
Good Luck!!!
Nima Taradji
Re: Statute of Limitation for Municipalities
Your post doesn't make sense- according to it, you don't get hit until TOMORROW. When was the actual injury?
No, once the statute of limitations runs, the claim is time barred. There are ways to protect yourself, but I would strongly suggest speaking to an attorney today!
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