The Illinois car accident statute of limitations is typically two years, beginning on the accident date. You must file within that time frame unless one of the rare exceptions applies to your case. The Illinois Hammer Injury Lawyers can help you navigate these complexities after a car wreck.
Understanding the Statute of Limitations in Illinois
A statute of limitations imposes a deadline for filing a personal injury lawsuit in civil court. Under the Illinois personal injury statute of limitations, you generally must file suit within two years of the accident.
Exceptions to the Two-Year Rule
The Illinois statute of limitations for an auto accident typically begins to run on the crash date, but some rare exceptions exist, including the following:
- Government entities: There are special rules for filing lawsuits against governments or their employees. These rules often mean an earlier car accident filing deadline. For example, you generally only have one year to file a claim against the state. Likewise, you have one year to file a lawsuit against a local government or government employees in Illinois.
- Later discovery: If you do not know about your injury immediately, the so-called discovery rule may push back the start of the two-year time frame until you discover or reasonably should know about it.
- Fraudulent concealment: If the person responsible for your accident purposefully conceals its cause, the statute of limitations may not begin until you discover that fact. From that point, you have five years to file an action.
- Minors: If a child or adolescent under age 18 is injured in an accident, Illinois pauses the statute of limitations until their 18th birthday. The two-year time frame begins on that date.
- Individuals with legal disabilities: The statute of limitations also pauses, or is “tolled,” if the victim has a mental or physical disability that prevents them from taking legal action. A person may qualify for this exception if their condition makes them incapable of understanding their legal rights or managing their affairs. If a disabled individual reaches a point at which the disability no longer applies, the statute of limitations begins running again. Examples may include a victim who awakens from a coma or recovers sufficiently from a brain injury.
- The defendant has left the state: If the defendant leaves Illinois during the statutory period, the clock pauses until they return.
Do not assume that any exception applies in your case. Only a qualified accident attorney can assess your situation and offer informed advice on filing deadlines.
What Happens If You Miss the Deadline?
In most cases, allowing the statute of limitations to expire means losing your right to sue. While the court will typically not prevent you from filing a lawsuit, the defendant can file a motion to dismiss the case on the grounds of expiration.
Factors That Affect the Settlement Timeline
Two years may seem like a long time, but preparing a case is not always quick and easy. Delays are common, especially in complex cases. Key factors that impact your settlement timelines are:
- Injury Severity: Claims involving severe injuries often take longer to prepare. It takes time to assess ongoing medical needs, treatment costs, and long-term effects, all of which can add to your total claimed compensation.
- Insurance Companies: Insurance company representatives need time to review claims, offer settlement amounts, and negotiate, particularly if they need to request additional documentation. Each step can extend the timeline for taking legal action.
- Gathering Evidence: The strength of your claim depends on convincing, objective evidence, such as witness statements, expert reports, and photographs of the scene. Car accident attorneys often face delays in gathering these, which can extend the filing timeline.
How To Protect Your Right to File a Claim
To pursue compensation for your accident injuries, you must file within the appropriate statute of limitations for your case. Given the many potential delays in preparing your claim, you benefit from consulting an attorney as soon as possible.
The earlier you secure legal counsel, the more time your lawyer has to advise you and build your case. Evidence can disappear, and witness memories fade over time, so it’s essential to get started quickly. You can help by documenting the details of the auto accident and saving all evidence of your injuries.
If you’re wondering how long you have to file a car accident claim in Illinois or have any other questions about your claim, the Illinois Hammer Injury Lawyers are here to help.
Call us at 888-742-6637 after your car accident or contact us online for a free consultation.
