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Act Immediately to Protect Your Right to Recover, or You May Lose It.

If you have been injured in an accident it is very important that you act immediately to preserve your rights.  If you do not act immediately, you risk losing your right to recover against the individual or entity that caused your injury. 

The Illinois Fourth District Appellate Court recently issued its opinion in Bentley v. Hefti.  The Bently case discusses the statute of limitations in Illinois in a personal injury case - specifically defamation.  

The statute of limitations for defamation in Illinois is one-year, and is governed by 735 ILCS 5/13-201.  

The Plaintiff in Bentley timely filed a complaint sounding in (1) breach of contract, (2) account stated, and (3) unjust enrichment.  However, the plaintiff failed to include a count for defamation in his original complaint, and failed to ask the court permission to file an amended complaint to include a count for defamation, prior to the expiration of the statute of limitations.  

The Appellate Court considered the following question:  “If a motion for leave to file a supplemental complaint pursuant to section 2-609 of the Code (735 ILCS 5/2-609) is filed with the proposed supplemental complaint attached before the expiration of the statute of limitations, but leave of court is not obtained to file such supplemental complaint until after the statute of limitation has expired, is the new cause of action stated in the supplemental complaint time barred?”

Justice Steigmann, delivering the opinion for the court, answers this question in the affirmative.  The cause of action is time barred in this circumstance.  

The Bently opinion underlines the importance of acting immediately to protect your rights.  If you have been injured due to the negligent actions of another, it is of paramount importance that you act immediately to protect your rights.  

The Bently opinion further underlines how a procedural issue might lead to dismissal of a claim, unless the often complicated procedural rules are precisely followed. 

If an injured person waits to long, or does not follow the proper procedure to protect his rights, he may lose his right to recover against the individual or entity who caused his injury.  

The Law Offices of Frederick W. Nessler & Associates, Ltd. is an experienced group of Illinois personal injury lawyers. Nessler & Associates practices throughout the state of Illinois, and maintain offices in Springfield, Decatur, Lincoln, Rockford and Chicago.  The experienced trial lawyers at Nessler & Associates have the knowledge and experience to aggressively protect your rights.  Nessler & Associates will help you obtain the recovery you need, and will provide you with the representation you deserve.