If you’ve been hurt in a motorcycle crash in Geneva, Illinois, you have the right to pursue compensation from the at-fault party. However, your ability to recover damages is subject to strict time limits. These deadlines are called statutes of limitation. If you miss them, you can lose your right to compensation. Â
Statute of Limitations for Motorcycle Accidents
The Illinois statute of limitations sets a strict deadline for filing a lawsuit after a motorcycle crash. Generally, you have two years to file a personal injury lawsuit. The clock generally begins on the date of the crash.
This deadline applies if you were injured in the collision and are seeking compensation for medical bills, lost income, pain and suffering, and other damages caused by another party’s negligence.
Wrongful death lawsuits are also subject to a two-year statute of limitations. However, the clock typically starts on the date of death, which may be later than the date of the accident.
If you fail to file a lawsuit within this two-year window, the court will likely dismiss your case. This will eliminate your right to seek compensation, regardless of how strong your claim may be.
Exceptions That Can Shorten or Extend the Deadline
Although two years is the general rule, certain circumstances can affect the statute of limitations timeline.
Claims Against a Municipality
If your motorcycle crash involved a government vehicle or occurred due to a hazardous road maintained by a city, county, or state agency, special rules apply. In these instances, you may need to file a formal notice of your claim within one year and a lawsuit within one to two years, depending on the government body involved. Missing this shorter deadline can bar your claim from being heard in court.Â
Claims Involving Minors
If the injured motorcyclist (or a passenger) is under 18, the statute of limitations is typically tolled until they reach adulthood. In most cases, they then have two years from their 18th birthday to file a lawsuit.
Discovery Rule
In rare cases, if a rider’s injuries were not immediately apparent, the “discovery rule” may extend the deadline. This rule allows the statute of limitations to begin when the injury was discovered or reasonably should have been discovered, rather than the date of the accident.
Why You Should Begin Your Claim Right Away
Even if you believe you have plenty of time before the deadline, waiting to begin your claim can hurt your chances of success. Here’s why you should initiate your claim as soon as possible.
1. Ensuring Compliance With Legal Deadlines
Time can pass quickly after a serious accident, especially as you focus on medical treatment and recovery. Starting the claims process right away ensures that you don’t inadvertently miss the statute of limitations or any shorter insurance claim deadlines that might apply. Your attorney will have the time needed to investigate the crash, gather evidence, and file the necessary paperwork well before the cutoff.
2. Preserving Crucial Evidence
The strength of your motorcycle accident case often depends on evidence gathered shortly after the crash. Evidence can be lost or tainted over time. Skid marks may fade; debris will be cleared; vehicles could be repaired or destroyed. Witness memories also become less reliable as time goes on. Acting quickly allows your lawyer to secure evidence while it’s fresh and build the strongest possible case for compensation.
Contact a Geneva Motorcycle Accident Lawyer to Start the Claims Process
Illinois law gives you a limited window to seek justice after a motorcycle accident. Missing that window can mean forfeiting your right to much-needed compensation. Don’t wait until the deadline is near. Contact an experienced Geneva motorcycle accident lawyer as soon as possible for help beginning the claims process. Feagans Law Group offers free consultations to help you understand your rights and legal options.