QUESTION
Statute of Limitations for personal injury and discrimination?
Asked on Feb 05th, 2013 on Civil Litigation - Illinois
More details to this question:
I am now disabled due to legal abuse in a domestic relations action (my motion for an increase in support was manipulated by a fraudulent child custody suit filed by my ex, who is a batterer and child abuser). This occurred in 2008-09. I was deemed disabled as of July 2011, however, the decision by SS was made on January 3, 2013. Does the SOL begin running prior to or at the 2011 date (or as of January 2013)? Note: There was fraud, attorney malpractice, police misconduct, perjury, obstruction of justice, and more. The damages are significant.
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In nearly all cases, the statute of limitations on a claim for personal injuries starts to run when you are actually injured, not when a government agency later deems you to have been disabled. If the misconduct to which you refer -- which is essentially a wrongful- or malicious-prosecution claim -- relates to litigation which terminated in 2009, then the statute of limitations ran in 2011 under Illinois law and your claim is time-barred.
Answered on Feb 05th, 2013 at 3:12 PM