After a car accident, you might be badly injured and in need of expensive medical treatment, among other costs. You can file a claim for compensation for your losses, but you only have so much time to do so.

If you file a civil lawsuit, you have 2 years to file according to the statute of limitations. You might have additional time depending on the situation, but you should check with an attorney. If you file an insurance claim, time limits are usually set by the insurance company and may be contained within the policy terms. If you are unsure how much time you have, review your policy with a lawyer. Deadlines for civil claims against governmental entities are typically shorter, so you must act quickly to get those claims filed. If you lost a loved one in a car accident, you also have 2 years to file a civil lawsuit, but your time starts counting down from the date of death, which might be some time after the accident.

To get a private, free evaluation of your case, call (312) 578-8502 and talk to our Illinois personal injury lawyers at the Rhatigan Law Offices.

How Long You Have to File Civil Claims for Injuries After a Car Accident in Illinois

If you plan to sue the other driver for your injuries, your time to file is set under the statute of limitations for personal injury claims. According to 735 I.L.C.S. § 15/13-202, an injured victim has 2 years from the date they were initially hurt to file a civil lawsuit. This might seem like more than enough time to file your claim but do not be fooled. Preparing a lawsuit often takes a significant amount of time. Spending months just preparing a formal complaint and gathering evidence is not unusual.

If time is running short but you have not yet filed your case, talk to our Chicago car accident lawyers about the possibility of tolling. When the statute of limitations is tolled, your time to file is put on pause for a certain amount of time. How much time you have depends on your specific circumstances.

According to 735 I.L.C.S. § § 5/13-211(a)-(b), minors and people with disabilities may have the statute of limitations tolled. Under the law, people who are in car accidents as minors may have the statute tolled until age 18. This means they would have 2 years from their 18th birthday to file a civil claim.

If a plaintiff is under a legal disability when the accident occurred, the statute may be tolled until the disability is lifted or ceases. A disability here is a physical, mental, or medical condition that prevents you from filing your case or understanding your legal rights.

For people with a disability that arose after the accident occurred but before the statute of limitations expires, the limitation period is tolled or stayed until the disability is lifted. However, this rule does not invalidate any statute of repose, and such a plaintiff may not have more than 10 years from the date the disability arose to file a civil claim.

Time Limits on Filing Insurance Claims for Injuries Related to Car Accidents in Illinois

Your time limit to file a claim with an insurance company for a car accident varies based on the company and the policy. Generally, insurance companies may set their own deadlines and time limits. The time limits should be explained in the insurance policy. Check your policy with a lawyer.

In some cases, there might be a set deadline. For example, the policy might state that claims must be filed no later than 30 or 60 or 90 days after the accident. In others, there is no mention of a specific time limit. Instead, the policy might instruct claimants to file claims “promptly” or “as soon as possible.”

Whether a claim is too remote to be paid out by the insurance company might be a conversation you must have with your lawyer and insurance adjuster. When filing insurance claims, it is best to do so as quickly as possible. Navigating the insurance process can be confusing, and you might lose precious time doing it alone. A lawyer can help you.

How Long After a Car Accident You May Claim Injuries in a Case Against the Government in Illinois

While many car accident cases involve private people and parties, it is not unheard of for injured drivers to sue governmental entities for their damages. For example, suppose you are involved in a car accident with a public bus. In that case, the government organization or entity in charge of public bus lines in your area might be held responsible.

Suing a local governmental entity may be done according to 745 I.L.C.S. § 10/8-101(a). Under this rule, you have only 1 year from the accident date to file a claim against a local governmental entity. As you can imagine, time is of the essence here, and you need to speak to a lawyer as soon as possible.

How Long Do I Have to File an Injury Claim if a Loved One Died in a Car Accident in Illinois?

Not everyone involved in a car accident is fortunate enough to survive. If you lost a loved one in an accident, you may have a wrongful death claim, and the time limit on filing is a bit different.

According to 740 I.L.C.S. § § 180/2(d)-(e), a plaintiff in a wrongful death case has 2 years from the date of their loved one’s death to file a claim, not necessarily the date of the accident. For example, if your loved one passed away from their injuries several weeks after the accident, your time limit begins from then, not on the date of the accident.

If the defendant’s violent intentional conduct caused your loved one’s death, you may have 5 years to file a civil claim for wrongful death. This might come up in road rage cases where a defendant purposefully and maliciously caused an accident or hit someone with their car.

Contact Our Illinois Car Accident Attorneys to Talk About Your Claims

To get a private, free evaluation of your case, call (312) 578-8502 and talk to our Joilet, IL car accident lawyers at the Rhatigan Law Offices.

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