If you’ve suffered injuries in a car accident in Illinois, you may be able to recover compensation for medical bills, lost wages, property damage, or pain and suffering. But you’ll need to do so within a specific period known as the statute of limitations. The statute of limitations gives you a time limit to file a legal claim after something has happened, like a car accident. Once the time elapses, your case may be dismissed, even if it’s valid, which makes it critical that you don’t delay seeking legal counsel.
Time Limit for Car Accident Injury Claims
In Illinois, the statute of limitations for personal injury claims resulting from a car accident gives you two years from the date of the accident to file a lawsuit. This applies to injuries sustained by drivers, passengers, pedestrians, or bicyclists. Therefore, if you get hurt in an accident, you have two years from the accident date to sue the negligent driver or forfeit your right to seek compensation.
Time Limit for Property Damage Claims
If you’re only seeking compensation for property damage, such as car repairs, the statute of limitations gives you five years from the accident date to do so. This gives you more time if you weren’t injured but still suffered financial losses in car damage or other property issues.
Wrongful Death Claims After a Car Accident
If a family member passes away as a result of a car accident, the family or estate can pursue a wrongful death claim. The two-year statute of limitations in Illinois for wrongful death begins on the date of death, not the date of the accident.
Are There Any Exceptions?
There are a few exceptions that will change the period you have under the statute of limitations, such as:
- Minor Victims – If the victim is a minor, the timer typically does not start until they are eighteen.
- Disabled Victims – If the victim is legally disabled, the time limit may be extended.
- Unidentified Drivers – If there is a hit-and-run, the time limit may be affected based on when the driver is identified.
It’s not a good idea to count on an exception. The best thing to do is consult with an attorney as soon as possible to avoid missing any critical deadlines.
Why You Should Seek an Attorney as Soon as Possible
The longer you wait, the harder it will be to get evidence, locate witnesses, and build a good case. In addition, insurers will not take your claim seriously if you wait. It’s also important to remember that laws can change at any time, potentially affecting the statute of limitations. These deadlines are strictly enforced, so it’s essential that you’re aware of your rights and act quickly. If you’re unsure how the statute of limitations will impact your case, consulting with an experienced personal injury attorney like Jerry F Costello III can help safeguard your claim. Contact Bonifield & Rosenstengel, P.C., today to determine your legal options.