If you’re involved in a car accident, getting the money you need to cover the cost of repairs and any medical treatments needed to aid your recovery is essential. While it’s possible that insurance policies will provide a large enough settlement to cover those costs, it’s common for settlements to come up short of what drivers truly need. In these cases, you may want to work with a Chicago car accident attorney to file a lawsuit for the accident. But you’ll need to do so within the statute of limitations. Here’s what you need to know.
You Must Follow the Statute of Limitations
Most car accident claims can be broken into two categories: personal injury claims and vehicle property damage claims. Under the Illinois statute of limitations, you have two years from the date of the accident to file a lawsuit against the other drivers involved for personal injury claims. You have five years from the date of the accident to file a claim for property damage like the damage done to your vehicle or the items in your vehicle.
What Happens if You Fail to File Within the Statute of Limitations
If you fail to file your claim within the two-year window for personal injury claims and five-year window for property damage claims, the court can dismiss your case. If this happens, you won’t be entitled to any additional settlement and will typically have to cover your expenses out of pocket.
This is why it’s so important to reach out to a Chicago car accident attorney as soon as you can. The sooner you start the claims process, the easier it will be to get the settlement you deserve.
Are There Exceptions to the Rule?
Though the statute of limitations is typically enforced, there are exceptions to the rule that can give you extra time to file your claim. These are a few situations that can extend the time you have:
The person suing was a minor at the time of the accident. Minors are not subject to the statute until they turn 18. They can sue the responsible driver when they turn 18 even if it’s more than two years after the accident.
Injuries take longer than anticipated to manifest. The discovery rule states that statute of limitations may start when the injuries are discovered, even if that’s more than two years after the accident. Speak with your attorney to see if this applies to your case.
The driver left the state within those two years. Out of state drivers can be sued more than two years after the accident if they leave the state and it takes you more than two years to find them. Your attorney can help you figure out how best to locate the driver involved.
Why You Should Work With a Chicago Car Accident Attorney
Even if you file a claim within two years of the accident, navigating the legal process can be difficult, especially if it’s your first time filing a lawsuit. You’ll want to work with an experienced Chicago car accident attorney who is familiar with cases like yours to set yourself up for success.
Attorneys understand the nuances surrounding personal injury law and can represent your interests with the court. This can increase your chances of getting a fair settlement and may help reduce any stress you experience during the process.
Schedule a Free Consultation Today
If you’ve been injured in a car accident, don’t wait. Get the help and advice you need long before the statute of limitations runs out. Contact us today to schedule a free consultation and let the team at Fabbrini Law Group help you figure out your best path forward.