Were you injured in a commercial truck crash in Aurora, you may be entitled to compensation for medical bills, lost income, and pain and suffering. However, your right to recover damages won’t exist forever.
Illinois law sets strict deadlines for filing personal injury lawsuits. Missing these deadlines can permanently eliminate your ability to seek compensation.
Statute of Limitations for Truck Accident Claims in Illinois
In most cases, Illinois law gives truck accident victims two years from the date of the crash to file a personal injury lawsuit. This deadline is known as the statute of limitations.
The two-year period usually begins on the day the accident occurred. If you fail to file your lawsuit within this timeframe, the court will likely dismiss your case, and you will lose your right to pursue compensation through the legal system.
Negotiating with insurance companies or submitting a claim to a trucking company does not pause or extend the statute of limitations. Only formally initiating a lawsuit in civil court protects your rights.
There Are Exceptions That Could Change the Deadline
While the two-year statute of limitations applies to most truck accident cases, certain circumstances can shorten or lengthen the deadline. These exceptions depend on the specific details of the crash.
Accidents involving government vehicles or agencies
If the truck involved was owned or operated by a government entity (e.g., a municipal vehicle or public transportation contractor), special notice requirements may apply. These cases often involve shorter deadlines and additional procedural steps before a lawsuit may be filed.
Injuries involving minors
If the injured victim is under 18 years old, the statute of limitations may be delayed until after the child reaches 18.
Delayed discovery of injuries
Some truck accident injuries may not be immediately apparent or diagnosed. In limited situations, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered. This exception is not common in truck accident cases.
Wrongful death cases
If a truck accident results in a fatality, the deadline generally begins on the date of death rather than the date of the crash. These cases follow separate rules under Illinois wrongful death law. Contact our Aurora wrongful death lawyers to discuss your legal options today.
Contact an Aurora Truck Accident Attorney for Help Determining the Deadline
Auto accident claims in Aurora have high stakes and feature many complexities not present in traditional car accident claims. You should always consider hiring an attorney to help you handle the legal aspects of your claim and protect your right to compensation.
An experienced Aurora truck accident lawyer can:
- Review the facts of your crash
- Identify all potentially liable parties
- Determine the correct filing deadline
- Preserve critical evidence
- Ensure your lawsuit is filed properly and on time
If you were injured in a truck accident, do not wait until the deadline is close. You should speak with a lawyer as soon as possible to protect your rights and strengthen your case. Call Feagans Law Group to schedule a free consultation to learn more about your legal options and the filing deadlines in your case.