This article continues my discussion on the handling of Illinois civil suits involving sexual abuse or assault. My last article provided a roadmap of topics which this series will be discussing. My prior article also discussed the importance of contacting an attorney as soon as possible if you or a loved one have been the victim of such an act. It is important to speak with counsel immediately so that you preserve your right to seek damages and so that your representative may take immediate steps to preserve evidence. In this discussion, I will analyze our state’s statute of limitations for bringing a claim. If you need assistance then contact my office today to speak with a Peoria personal injury lawyer.
Illinois’ statute of limitations for sex abuse lawsuits can range from two years to several decades
Illinois’ civil statute of limitations for sex abuse or assault is one of the most protective in the country for victims. If the event happened when the victim was an adult, then they must bring the claim within two years after they discover it. If, however, the event happened when the victim was a child then their twenty-year statute of limitations will not begin to run until they turn eighteen years old or discover the injury, whichever is later. This means, at a minimum, that a child victim may bring a claim up until they reach the age of thirty-eight. With that said, one must understand that if they do not file within their statute of limitations then they will forever lose the right to recover damages.
A key point to take away from the rules stated above is that a victim’s statute of limitations does not begin to run until they “discover” the injury. In many situations, the time of the incident itself will be the moment of discovery. There are situations, however, when the moment of discovery will not come until later. Consider a situation where a victim was medicated or unconscious and did not learn of the incident until much later. Also, consider a situation in which one did not discover a lasting injury (which can include mental trauma) until much later. When a statute of limitations will actually begin to run is always going to depend on the particular facts of a case.
Consider the following example. Jill is fifteen years old and is at a summer camp for girls. She becomes sick with a fever. The nurse provides her with medication which helps with the symptoms, but also makes her incredibly drowsy. A male staff member of the camp engages in inappropriate behavior with her while she is in a deep, medication-induced, sleep. At the age of forty, Jill learns that the reason that she has not been able to have children is due to an injury she sustained during the assault. Under this scenario, even though Jill is older than thirty-eight, she did not learn of the injury until she was forty. A court may well rule that her statute of limitations did not begin to run until she was forty years old. Under these facts, therefore, she may be able to bring suit against the offending employee as well as the summer camp itself. Again, the facts of each case will determine the statute of limitations.
Contact a Peoria sex abuse lawyer as soon as possible regarding a civil claim
If you or a family member have been the victim of such an act then it is important to speak with an attorney as soon as possible. In addition to the fact that taking immediate action helps to preserve a statute of limitations, counsel will take steps to ensure that evidence is preserved. This can include demanding the employment records and other documentation be preserved. It can also include investigating and photographing the scene of the incident, speaking to witnesses while their memories are still fresh, and more. Taking such action can help to improve the standing of your case at a later time.
I am a Peoria sexual abuse lawyer who assists clients who have been injured through an intentional tort. I understand the extreme and personal nature of these types of cases. My office will give your matter the attention it both needs and deserves. If you need assistance then contact us online or by telephone to schedule an initial consultation. I look forward to speaking with you.
In addition to Peoria, we also serve clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
