After a car accident, you have many immediate concerns. Medical care, car repairs and other challenges may take up much of your time. You may face financial strain due to missing work. These urgent matters can make legal deadlines – like the two-year statute of limitations for personal injury claims – seem much less important.
However, keeping track of these deadlines is vitally important even in the immediate aftermath of a crash. While two years may seem like more than enough time to file a lawsuit, the truth is that many run the risk of missing this time limit. What should you know about the statute of limitations for your injury claim?
In most cases, you have two years to file a lawsuit.
The statute of limitations for car accident lawsuits in Illinois is two years. This means that Illinois residents have can file a lawsuit for up to two years after the day that the accident occurred. This statute of limitations applies to drivers and passengers as well as motorcyclists, bicyclists, pedestrians and others involved in a collision with a vehicle.
This time limit is crucial as it affects your ability to seek compensation for any injuries or damages incurred. A lawsuit can help you offset the thousands of dollars in expenses that you might experience after a crash. However, you might not be able to recover any compensation from a lawsuit if you miss the deadline. This can leave you to manage hospital bills, the cost of car repair and other expenses on your own.
Are there exceptions?
While the statute of limitations is two years in most cases, several exceptions may change this time limit. In some cases, this can provide you with more time to file a claim. However, some exceptions may also leave you with much less time. Some exceptions include:
- Delayed onset injuries: Many accidents result in injuries like traumatic brain injuries that can take hours, days or weeks to become apparent. In these cases, the statute of limitations begins when you discover your injuries, not when the accident occurred.
- Minors: If the victim was under 18 when the incident occurred, the statute of limitations countdown begins on their 18th birthday. This gives young victims time to reach adulthood before having to decide on legal action.
- The victim is disabled: If the victim had a disability that prevented them from filing a lawsuit at the time of the accident, the statute of limitations begins when the disability is resolved or when the victim is no longer considered disabled.
- The defendant left the state: If the defendant moves outside of Illinois during the two years after an accident, the law pauses the statute of limitations on the claim until they return to Illinois. This prevents them from avoiding the claim by leaving the state.
- Government vehicles: Special rules apply when the accident involves government vehicles. Claims against government entities typically have different filing requirements and shorter deadlines, so it is crucial to act quickly.
Any of these exceptions could change the deadline in your situation.
Why is it important to hire an attorney after an accident?
Because many exceptions might apply to your situation, it can be difficult to know when time is running out on your claim. Consulting with a lawyer can help.
An experienced personal injury attorney can help you understand the specific time limits that apply to your case. Additionally, a lawyer can assist in gathering and preserving evidence, negotiating with insurance companies and providing representation in court if necessary.
Do not miss your opportunity to seek justice and compensation. Taking steps to understand your rights and the options available in your situation can help ensure that you receive the support you need after an accident.