You have two years to sue a private bus company for an accident and one year to sue a public bus company for an accident.
Suing Public Bus Companies For Personal Injuries
As noted above, the amount of time that you have to bring you a bus accident lawsuit depends on who you are suing. If you are suing a public bus company or related government party, then you have 1 year to file a case from the time the cause of action accrued. 745 ILCS 10/8-101 provides for that restriction in the following section:
"(a) No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued.”
Suing Private Bus Companies For Personal Injuries
Often times, the bus company that injured you won't be public. It will be a private entity. In fact, many of the bus companies operating across Illinois are privately-held businesses. If you are suing a private bus company or related party, then you have two years to file a case from the time the cause of action accrued. 735 ILCS 5/13-202 sets out this rule:
"Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction…shall be commenced within 2 years next after the cause of action accrued…”
What Does Accrual Mean In Bus Accident Litigation?
A cause of action accrues when an injury and its cause are discovered or would have been discovered with reasonable diligence. For instance, if you were involved in a bus accident and broke your arm, then your cause of action would accrue immediately because you presumably realized your injury and connected it to the incident simultaneously. However, if you were involved in a bus accident but later learned that you suffered brain damage, then your case would begin to accrue once you realized these injuries. The significance of this is that the time clock on the statute of limitations also starts to run when your case begins to accrue so you need to start assembling your case.
Do People Ever Get More Time To File Their Bus Claims?
Yes, in certain instances, Illinois law gives people more time to file their bus accident claims. Generally, children are given a few years beyond the age of majority to pursue recovery for injuries that they sustained in bus accidents. People that don't reasonably discover their injuries for some time are also given an extended period to file their complaint for damages. Finally, if defendants conceal the extent or nature of any injuries or damages, then plaintiffs will also be able to file after the original two-year period. To learn about whether or not you will have more time than is traditionally granted to bus accident victims, contact our law offices. We can identify your filing deadline and help you prepare your case.
Want To Know About Other Challenges That Await Your Bus Accident Claim?
Rosenfeld Injury Lawyers LLC helps victims of personal injuries in Illinois understand the challenges that await their claims. If your involved in a bus accident, we can do the same thing for you. Plus, we can even help you bring your claim on a contingency basis so that you don't have to pay a nickel until you are happy with the award or settlement. To hear more about how we can overcome any hurdles that your bus accident lawsuit presents, call Rosenfeld Injury Lawyers LLC today.
For additional information see the following pages:
- How Can Rosenfeld Injury Lawyers Help Me With An Illinois Bus Accident Case?
- How Does Illinois Law Govern Personal Injury Claims Related To Bus Accidents?
- Illinois Bus Accident Cases
- Is Suing A Public Bus Company Any Different Than Suing A Private Bus Company?
- What Are Some Facts About Bus Accidents In Illinois?
- What Are The Primary Causes Of Bus Accidents?
- What Should I Do If I Am Injured In An Illinois Bus Accident?
- What Type Of Financial Compensation Can I Recover For Injuries Sustained In An Illinois Bus Accident?