Understanding the statute of limitations for car accident claims in Illinois is crucial for anyone seeking compensation through a personal injury lawsuit. This legal timeframe dictates how long an injured party has to initiate proceedings following an accident.
If the statute of limitations expires, you will lose your right to seek compensation for medical bills, lost wages, and other damages resulting from the crash.
Rosenfeld Injury Lawyers is here to ensure your car accident claim is filed within the statute of limitations.
Understanding the Illinois Statute of Limitations for Car Accidents
For car accidents, the Illinois statute of limitations sets the deadline at two years from the date of the accident. This means that if you fail to file a lawsuit within this two-year period, you may lose your right to pursue compensation entirely.
Types of Car Accident Claims
Car accidents can lead to different types of claims depending on the circumstances and the nature of the car accident injuries sustained. Understanding these claims is essential for determining appropriate legal actions after an accident. Below are some common types.
Personal Injury Claims
Personal injury claims arise when an individual suffers injuries due to another party’s negligence in a car accident. Damages can be sought through a lawsuit or an insurance claim, depending on the circumstances.
Wrongful Death Claims
When a car accident results in death due to another party’s negligent behavior—such as reckless driving or DUI—surviving family members may pursue a wrongful death claim through a personal representative.
Possible Exceptions to the Statute of Limitations
In Illinois, the general rule is that the statute of limitations for car accident claims is set at two years from the date of the accident. However, there are certain circumstances that can extend this two-year limit.
Discovery Rule in an Illinois Car Accident Lawsuit
The discovery rule allows plaintiffs to file a lawsuit beyond the standard two-year period if they were unaware and could not reasonably have discovered their injuries or damages until later. In such cases, the two-year time limit doesn’t begin until the injuries are discovered.
Tolling for Minors or Incapacitated Individuals
If an injured party is a minor (under 18) or legally incapacitated at the time of injury, Illinois law pauses the statute of limitations for car accidents. In these cases, individuals can file claims within two years once they reach adulthood or regain capacity.
Auto Accident Claims Against Public Entities
When filing a claim against public entities in Illinois—for instance, a case involving government vehicle—the statute of limitations is shortened to one year instead of two years from the date of the accident.
Navigating the several exceptions to the statute of limitations requires careful consideration and often assistance from legal counsel to ensure timely action on your claim.
Reporting a Car Accident in Illinois
In Illinois, specific requirements dictate how to report car accidents and under what circumstances this is required. Adhering to these laws is crucial for supporting any future claims.
If your traffic crash results in death, bodily injury, or property damage exceeding $1,500 (when all drivers have liability insurance), it’s mandatory that you notify the police immediately.
If uninsured drivers are involved and the damage exceeds $500, Illinois law requires reporting the accident by calling the police.
Filing a Written Auto Accident Report
If no police officer responds at the scene of an accident causing injuries or significant property damage (as explained above), injured parties must file written police reports with the Illinois State Police within ten days of the incident.
Importance of Accident Reports
Accident reports play a vital role in substantiating your personal injury claim by documenting details about how an accident occurred. These reports often include an overview of the accident and witnesses’ memories and statements, which can support your case later when seeking compensation for damages.
You can typically obtain a copy of the accident report online from the Illinois State Police website.
Filing a Car Accident Lawsuit in Illinois
When a personal injury incident occurs, victims seek compensation by filing a legal claim against the at-fault party. This process generally includes the following steps:
- Gathering Information at the Accident Scene: After a car accident, document the scene if possible: take photos, note details of the other drivers, including their insurance, and collect witness contact information to strengthen your claim.
- Seeking Legal Counsel: Contact a personal injury lawyer to navigate Illinois law. An experienced attorney will evaluate your claim against the at-fault party and ensure all important information is accurately documented.
- Filing an Initial Complaint: File a complaint with the appropriate court. This will outline the legal grounds for your potential claim and identify potential defendants, such as the other driver and any parties that may face liability.
- Settlement Negotiations: Most cases are settled before trial through negotiations with the insurance company. Your attorney will work to secure damages this way.
- Trial Preparation: If settlement fails, the case may proceed to trial. Regardless of the cirumstances, professional legal advice is essential to recover compensation.
Damages Awarded in Car Accident Cases
In motor vehicle accident cases, determining the types of damages and potential compensation available is essential for victims seeking to recover from their losses. These damages typically include:
- Economic Damages: Economic damages refer to quantifiable financial losses resulting directly from car accidents. They generally include medical expenses, lost wages, and property damage.
- Non-Economic Damages: Non-economic damages account for intangible impacts on a victim’s life that cannot be easily quantified. They can include pain and suffering, emotional distress, and loss of consortium.
Consequences of Missing the Filing Deadline
Missing the car accident statute of limitations for filing a car accident claim in Illinois can lead to severe repercussions, including losing your right to recover damages for your injuries and losses.
To avoid missing this critical time limit, mark important dates on your calendar immediately following the accident and consult with a personal injury attorney as soon as possible.
Consulting an Illinois Car Accident Lawyer
Consulting Rosenfeld Injury Lawyers can help you ensure you start the legal process within the time limit. We are committed to providing compassionate support while fighting tirelessly for justice on behalf of our clients.
Our team will handle negotiations with insurance companies on your behalf and represent you in court if necessary. We understand the intricacies of the applicable statute of limitations, ensuring that you meet all necessary deadlines to preserve your rights.
Your Next Steps
If you’ve been involved in a car accident, it’s essential to take timely action to protect your rights and maximize your chances of receiving financial compensation. Rosenfeld Injury Lawyers can make all the difference in the success of your claim. Our dedicated team is here to help you understand your legal options and the statute of limitations.
Call us at (888) 424-5757 or complete our online contact form.