Q: Can I file an extension for the 2yr statute of limitations in Illinois if the plaintiff was legally incompetent?
The laws and exceptions to extend are different for each state I believe. So would I have time to extend in Illinois if I can prove the plaintiff was legally incompetent at time of injury and the defendant was out of state? How can I file the extension before the statute expires?
The answer to this question would depend, in part, on whether the Plaintiff was under a "legal disability" at the time of the injury, as Illinois law provides for an "exception" to the general statute of limitations rule, with respect to people with a "legal disability". See the statute I am referring to 735 ILCS 5/13-211(a). It is best to speak to an attorney and provide more specific details in order to determine whether tolling of the statute of limitations applies in this case.
Have a nice day. - Adam
Tim Akpinar agrees with this answer
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