Motorcycle accidents often result in severe injuries to riders, including head and spinal cord injuries. If you were injured and are considering filing a motorcycle accident injury claim in St. Charles, IL, you will be subject to the Illinois statute of limitations. Missing these deadlines can permanently bar you from recovering compensation in court.Â
Statute of Limitations for Motorcycle Accident Claims in Illinois
In most motorcycle accident cases, Illinois law allows injured riders two years from the date of the crash to file a personal injury lawsuit. This deadline is known as the statute of limitations and applies to most negligence claims.
The two-year clock typically starts running on the day the motorcycle accident occurred. If you fail to file a lawsuit within that time, the court will likely dismiss your case outright.
Importantly, reporting the crash to an insurance company or engaging in settlement talks does not pause or extend the statute of limitations. Only formally filing a lawsuit in civil court preserves your right to pursue compensation.
Exceptions That Could Change the Deadline
Certain circumstances can shorten or extend the filing deadline in your case. These exceptions are highly fact-specific and often require careful legal analysis to uncover.
Claims involving government entities may have much shorter notice requirements. If your motorcycle crash involved a government-owned vehicle or was caused by a dangerous roadway maintained by a city, county, or state agency, you may be required to provide written notice of your claim within months of your accident.
Accidents involving minors can affect timing. If you were under 18 at the time of the crash, the statute of limitations may be paused until you reach adulthood.
Delayed discovery of injuries may also impact the deadline in limited situations. Some motorcycle accident injuries (such as traumatic brain injuries or internal damage) may not be immediately apparent. In rare cases, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered, rather than on the crash date.
Wrongful death motorcycle accidents are subject to separate timing rules. If a motorcycle crash results in a fatality, the deadline to file a wrongful death lawsuit may differ depending on who brings the claim and the underlying circumstances.
These exceptions are narrow and often contested by insurance companies and other at-fault parties. You may need legal counsel to help you identify whether an exception applies.
Contact an Attorney for Help Determining the Deadline
Complying with the filing deadlines in your case is one of the first and most important steps in recovering compensation for your injuries. An experienced Illinois motorcycle accident attorney can evaluate the details of your crash, determine the correct statute of limitations, and ensure that all required notices and filings are completed on time.
In addition to tracking deadlines, our St. Charles motorcycle accident attorney in Illinois can gather evidence, identify all liable parties, and pursue full compensation for your injuries. If you were hurt in a motorcycle accident, speak with our qualified motorcycle accident lawyer in St. Charles as soon as possible to help preserve your claim. Feagans Law Group offers free consultations.