Generally, you have two years to bring a claim for personal injuries and five years to bring a claim for property damage in Illinois bicycle accident litigation.
Illinois’ Statutes Of Limitations For Bicycle Accident Cases
The statute of limitations for bodily injury claims in Illinois is two years from the date of the accident (735 ILCS 5/13-202), and five years from the date of the accident for property damage claims. 735 ILCS 5/13-205. This means that you must file a lawsuit, or accept a final settlement within these time frames, or you may lose your right to recover compensation. http://insurance.illinois.gov/autoinsurance/auto_other_co_claim.asp .
Why Does Illinois Have Statutes Of Limitations And What Does That Mean For Your Case?
Illinois has statutes of limitations for most cases for many different reasons. They generally prefer that you file quickly and this is an easy way of motivating you: taking your claim away if you don’t use it. However, there are also more subtle and sophisticated reasons that get to the heart of these laws. For example, it’s harder to try older cases because memories fade, evidence disappears, and other challenges present themselves where they otherwise wouldn’t with fresher causes of action. Also, and maybe more importantly, it takes up more of the court’s time and resources to hear older cases.
Whatever the reason for their passing, Illinois’ statutes of limitations have an enormous impact on your case. For starters, they set a deadline by which you must file and you should think of this like an alarm clock. Next, they force you to prioritize your investigation, legal theories, and analyses on what’s feasible in that time window. Finally, they make you seriously consider whether settlement is preferable to trial. Settlement can vastly shorten the time it takes to end a matter and, in most cases, has not detrimental effect on the kind or amount of recovery that you will see. There are many other ways that statutes of limitations will influence your Illinois bicycle accident lawsuit but these might be the most weighty. To learn more about their impact on your claims, contact our offices today and speak with someone from our team.
Think It Might Be Too Late To Bring An Illinois Bike Accident Lawsuit?
Rosenfeld Injury Lawyers can help you figure out how much time you have to bring an Illinois Bike Accident Lawsuit. Then, we bring a case on your behalf and fight for your recovery with all of the skill and resources it deserves. Also, we’ll do it for free until you’re happy with the award or settlement. Want to know when you must file your case by? Then call the Rosenfeld Injury Lawyers today!
If you would like to know more about bicycle accidents in Illinois, please read the following pages: