Car accidents can be emotionally, physically, and financially devastating. If you were involved in an accident, you may wonder how long you must take legal action. Illinois law has specific deadlines for filing a lawsuit, and you often can only recover damages if you file within this time period. It is necessary to understand the statute of limitations for car accident claims in Illinois. A skilled car accident attorney in Illinois can guide you through understanding the process of filing a lawsuit.
Statute of Limitations for Car Accident Lawsuits in Illinois
The statute of limitations is when a plaintiff must file a lawsuit. The laws vary from state to state. Once a case is dismissed because of the statute of limitations, you cannot pursue compensation. In Illinois, the statute of limitations for accident cases depends on the type of claim.
- Personal injury claims must be filed within two years from the accident date. You cannot sue if you file outside the statute of limitations.
- You must file property damage claims within five years of the accident date. Because you may not fully understand property damage immediately after the accident, you have an extended period to file a lawsuit.
Exceptions to the Statute of Limitations
Illinois law does have exceptions to the general statutes of limitations. These limits exist for specific cases where accident victims may benefit from more time to file a lawsuit.
- Cases Involving Minors – In Illinois, the two years for filing a personal injury claim begins when the minor reaches the age of 18 because the law recognizes that minors may need additional time to understand the legal issues.
- Discovery Rule for Delayed Injury Symptoms – Some injuries may not be immediately apparent. Illinois law allows for an extension based on the “discovery rule” if you discover your injury after the statute of limitation period begins. The two-year period for filing a personal injury claim begins when you discover the injury.
- Cases Involving Wrongful Death – The statute of limitations for a wrongful death claim is generally two years from the date of death, which may differ from the accident date.
- Mental Incompetence – If an accident incapacitates the victim, the statute of limitations may be paused.
- Defendant Is Unavailable – The statute of limitations pauses if the defendant leaves Illinois for an extended period of time. This ensures defendants cannot move to escape liability.
Reasons to Consult an Attorney Early
Although Illinois law allows you two years for personal injury claims, consulting an attorney soon after the accident can significantly benefit your case. A qualified attorney at Fabbrini Law Group understands the steps necessary to file a personal injury lawsuit in Illinois.
- Investigate the accident by gathering evidence of the other driver’s negligence and calculating the damages.
- If negotiations with the insurance company do not result in a fair settlement, file the lawsuit. A skilled attorney can handle the necessary paperwork.
- Negotiate a settlement with the defendant’s insurance company. Most cases settle before the trial.
- The case may go to trial if a fair settlement cannot be reached. Trials are time-consuming, but they are sometimes necessary to secure fair compensation.
In Illinois, you typically have two years to file a personal injury lawsuit and five years for property damage claims after a car accident. It is important to have an attorney who understands the statute of limitations in Illinois. To speak with our experienced attorneys, please contact us online or call 312-494-3131.