Illinois generally gives you two years to file a lawsuit seeking compensation for injuries caused by a car accident. However, different deadlines may apply to property damage, wrongful death, government vehicles, minors, and claims under your own insurance policy.
Reach out to a Chicago car accident lawyer to pursue financial compensation for your injuries.
Call our firm today at (312) 701-0090.
Illinois’s Deadline for Car Accident Lawsuits
The two-year allotted period, known as the statute of limitations, usually begins on the accident date. Missing the deadline can prevent you from recovering compensation, even when the other driver clearly caused the collision. Opening an insurance claim is different from filing a lawsuit and does not stop the statute of limitations.
Deadline for Vehicle Damage
Illinois generally allows five years to file a lawsuit for damage to personal property, including your vehicle. When the same accident causes physical injuries and vehicle damage, the two-year personal injury deadline remains the safer date to follow when evaluating the entire case.
Can a Shorter Filing Period Apply?
A one-year deadline typically applies when a car accident claim involves a local public entity or public employee. This can include certain crashes involving municipal vehicles, public transportation, government-owned trucks, or employees performing public duties.
Claims against the State of Illinois may follow separate Court of Claims procedures. Illinois law can require a claimant to provide notice to the Attorney General and the Clerk of the Court of Claims within one year of the injury unless the claim itself is filed within the required period.
How Long Do Families Have After a Fatal Accident?
A wrongful death lawsuit generally must be filed within two years after the person’s death rather than the accident date. The personal representative of the estate brings the action for the benefit of the surviving spouse and next of kin. Some exceptions apply when the death resulted from violent intentional conduct or certain criminal offenses.
Is There a Longer Lawsuit Deadline for Injured Minors?
When an injured person is under age 18 when an accident occurs, Illinois law may pause the standard filing period. Typically the injured minor has to bring the action within two years after turning 18. The law also contains protections for people under certain legal disabilities.
Waiting Too Long Can Weaken Your Case
The statute of limitations only sets the final filing date. It does not protect the availability of critical evidence, such as surveillance video, vehicle data, photographs, witness memories, or other proof needed to establish fault and damages. As a result, beginning the claims process as soon as possible is in your best interests.
Insurance companies also do not have to decide your claim quickly. While the claim is under review, the filing deadline continues to run. If the insurer delays, denies liability, or makes an inadequate settlement offer shortly before the deadline, you may have very little time to file a lawsuit and protect your right to seek compensation.
How a Lawyer Keeps Illinois Car Accident Claims on Track
A Chicago personal injury attorney can determine which deadline applies, notify the correct insurers, gather supporting records, and manage settlement negotiations. Your attorney can also monitor medical treatment, document lost income, and prevent the insurer from delaying the process. When the insurance company denies responsibility or refuses reasonable compensation, a lawyer can file the lawsuit before the deadline and continue pursuing the case in court.
Discuss Your Filing Deadline Today
Even a strong case can be dismissed when it is filed too late.
Contact Mark L. Karno & Associates, LLC online or at (312) 701-0090 for a free consultation about the deadline that applies to your Illinois car accident claim.