If you’ve been injured in a pedestrian accident in Illinois, you don’t have unlimited time to take legal action. In most cases, you have two years from the date of the accident to file a personal injury claim. This time limit is known as the statute of limitations—and once it passes, you may lose your right to pursue compensation, even if your case is otherwise strong.
What Does the Statute of Limitations Mean for Your Pedestrian Accident Case?
The two-year window means that from the moment your accident occurs, the clock starts ticking. During that time, you must either settle your claim or file a lawsuit against the at-fault party. If you don’t, the court will likely dismiss your case, regardless of how serious your injuries are or how clear the other party’s fault is.
Are There Exceptions to the Two-Year Rule?
Yes, Illinois law allows for some exceptions:
- Minors: If the injured person is under 18, the two-year period usually begins on their 18th birthday.
- Legally incapacitated individuals: If the person can’t make legal decisions due to a disability, the timeline may be paused until they regain capacity.
- Wrongful death: If the accident led to a fatality, the two-year period generally starts from the date of death, not the accident date.
Still, even in cases where exceptions apply, it’s best to get legal advice early. The longer you wait, the harder it may be to gather evidence or locate witnesses.
Why Timing Is So Important
Even if two years seems like plenty of time, delays can weaken your claim. Evidence can disappear, memories fade, and insurance companies may use gaps in your case as an excuse to offer less than you deserve.
When you reach out to an attorney soon after the accident, it gives your legal team the best chance to build a strong case from the beginning—whether that means negotiating with insurers or preparing for trial.
Let Our Illinois Attorneys Help
At Illinois Hammer, we understand how confusing and overwhelming life can be after a serious accident. That’s why we offer free consultations and handle all personal injury cases on a contingency fee basis—meaning you don’t pay unless we win.
Whether your accident happened in Chicago, Springfield, or anywhere else in Illinois, we’re here to help you understand your rights and take the next step toward recovery.
Contact us today to protect your claim and start building your case with confidence.