The statute of limitations is one of the most important legal rules affecting your right to recover damages after a crash. Missing your state’s deadline could prevent you from pursuing compensation, no matter how strong your case may be.
For most claims, the car accident statute of limitations in Illinois is two years from the date of the accident. Waiting too long to file your car accident claim can have consequences.
Our car accident lawyers can assist with your claim and help you obtain compensation for your crash.
What Is the Statute of Limitations for Car Accidents in Illinois?
Per 735 ILCS 5/13-202, the statute of limitations for most car accident injury claims in Illinois is two years from the date of the accident. If you fail to file your lawsuit within this window, the court will likely dismiss your case.
While two years may seem like a long time, accident investigations, medical treatment, insurance negotiations, and settlement discussions can take months or even years, which is why it’s important to work with an attorney.
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Are There Exceptions to the Illinois Statute of Limitations?
Yes, certain circumstances can change the statute of limitations for your personal injury lawsuit after a car crash.
Your case may have a different deadline if it involves:
- Minors: If the injured victim is under 18 years old, the statute of limitations may not begin running until the child turns 18, giving them until age 20 to file a personal injury lawsuit.
- Legal disability: If an injured person is legally disabled at the time of the accident, the statute of limitations may be delayed until they are no longer disabled.
- Delayed discovery of injuries: If an injury is latent or not immediately apparent, the two-year clock may not start until the date the victim discovers (or reasonably should have discovered) the injury and its connection to the crash.
- A defendant who leaves the state: In certain situations, the time during which the at-fault party is absent from Illinois may not count toward the limitations period.
- Government entities: If your accident involved a city, county, or state vehicle, or took place on government property, your claim may have a shorter deadline, and you may have to submit a formal written notice before filing it.
- Wrongful death: If the accident was fatal, surviving family members generally have two years from the date of death to file a wrongful death lawsuit.
What Happens If You Miss the Deadline?
If you fail to file your lawsuit before the statute of limitations expires, you will likely lose your right to recover compensation for your injuries and other losses.
In most cases, the defendant can ask the court to dismiss the case because it was filed too late, and the court will generally grant that request, even if the other driver was clearly at fault and you suffered significant injuries.
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When Does the Statute of Limitations Clock Start Running?
In most Illinois car accident cases, the statute of limitations begins running on the date of the crash. However, there are exceptions. For example, if the injured victim is a minor, the clock is generally paused until they turn 18. The deadline may also be delayed if the victim is legally disabled or if certain injuries aren’t discovered until well after the accident.
It’s important to have an attorney evaluate your case rather than assuming the standard two-year deadline applies.
How Long Does a Car Accident Settlement Take?
Many accident victims assume their claim will settle before a lawsuit becomes necessary. However, while settlements are common, there is no guarantee that negotiations with insurers will be successful.
Some cases settle within a few months, while others take a year or longer. Factors that will affect the length of negotiations in your case include injury severity, the clarity of liability, and the willingness of the insurance company to negotiate.
If a settlement has not been reached before the state’s filing deadline approaches, you may need to file a lawsuit to preserve your right to pursue compensation.
Why You Should Not Wait Until the Last Minute
Though Illinois car accident laws generally give you two years to file a car accident lawsuit, waiting to take legal action can cause problems in your case.
Evidence tends to become harder to obtain as time passes. For instance, surveillance video may be erased within days or weeks of the collision. In addition, witnesses may move away, change their contact information, or simply forget critical details about the accident.
Starting to build your claim immediately after the crash gives your attorney a better opportunity to preserve evidence and build a strong case.
How Can a Car Accident Lawyer Help?
Navigating the claims process after a car crash can be challenging, especially if you are recovering from severe injuries. A car accident attorney can:
- Investigate the accident: An attorney can gather evidence and identify the parties responsible for your injuries.
- Calculate your damages: A lawyer can assess your economic and non-economic losses and calculate the true value of your claim.
- Handle insurance negotiations: An attorney can communicate with insurance companies and pursue a fair settlement.
- Monitor legal deadlines: A lawyer can help ensure your claim is filed before the state’s statute of limitations expires.
- Represent you in court: If settlement negotiations fail, an attorney can present your case before a judge or jury.
Speak to a Car Accident Attorney
If you or someone you love was recently injured in a car crash, there’s no time to waste. A car accident attorney from Postman Law can help with your claim, negotiate with the insurance company, and, if necessary, help you file a lawsuit.
Schedule a free case review to find out more about your legal options.