If you’ve been injured in a car accident in Illinois, you may be entitled to compensation for medical bills, lost wages, property damage, and pain and suffering. However, your right to take legal action won’t last forever. Illinois law sets a strict deadline for filing car accident lawsuits. If you miss it, you may lose your chance to recover any money at all.
Understanding the statute of limitations is essential to protecting your legal rights after a car crash. Our experienced car accident lawyers in Geneva can help you file your claim within the applicable statute of limitations.
The Statute of Limitations for Car Accident Lawsuits in Illinois
In Illinois, the statute of limitations sets a time limit for filing a lawsuit after a car accident. The specific deadline depends on the type of claim:
- Personal injury claims must be filed within two years from the date of the accident.
- Property damage claims must be filed within five years from the date of the accident.
- Wrongful death claims (if someone is killed in a car accident) must be filed within two years from the date of death, which may differ slightly from the accident date. Our wrongful death lawyer in Geneva will fight tirelessly for justice on your family’s behalf.
If you fail to file your lawsuit within the applicable time frame, the court will likely dismiss your case, even if you have clear evidence of the other party’s liability.
Why The Statute of Limitations Matters
The statute of limitations encourages the timely filing of claims. Waiting too long to file such claims can lead to several problems:
- Loss of evidence – Physical evidence may be lost or degraded over time. For example, surveillance footage could be deleted, or witnesses may be harder to find or struggle to remember past details.
- Insurance delays – If you wait too long, the at-fault driver’s insurance company may deny your claim based on the expired statute.
- Court dismissal – If you attempt to file after the deadline, the court is likely to dismiss the case immediately, leaving you with no legal avenue to recover damages.
Starting the process early gives your attorney time to investigate the crash, preserve key evidence, and build a compelling case on your behalf.
Exceptions to the Statute of Limitations
In Illinois, the standard statute of limitations for personal injury claims is two years from the date of the injury. However, certain exceptions may apply:
- Minors: If the injured party is under 18 at the time of the injury, the statute of limitations is tolled (paused) until they reach the age of majority. This means the individual typically has until their 20th birthday to file a personal injury lawsuit.
- Discovery Rule: In cases where the injury is not immediately visible, Illinois law allows the statute of limitations to begin when the plaintiff discovered or reasonably should have discovered the injury. This is known as the “discovery rule.” This exception comes up in medical malpractice cases but can also apply in some personal injury contexts.
- Claims Against Government Entities: If the defendant is a local public entity (e.g., city, county, or government agency), you may be required to file a notice of claim within a shorter timeframe. This can sometimes be as little as one year, depending on the type of entity and claim.Â
You shouldn’t rely on exceptions in your case. It’s always best to consult a legal professional to identify the deadlines that apply.
Contact an Experienced Geneva Car Accident Lawyer to Get Started
If you were injured in a car accident, it’s important to act quickly. Even if you’re still recovering, consulting a personal injury lawyer early can help preserve your rights and ensure you don’t miss crucial deadlines. Contact Feagans Law Group to get started on your case with a free consultation.