Chicago, IL asked in Wrongful Death for Illinois

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?

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2 Lawyer Answers
Adam Maksimovich
Adam Maksimovich
  • Lyons, IL
  • Licensed in Illinois

A: 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

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: You may want to discuss this with an Illinois attorney in terms of best options, depending on how much time is left for expiration of statute. Good luck

Adam Maksimovich agrees with this answer

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