You have two years to file a personal injury lawsuit to recover compensation for injuries sustained as a pedestrian.
How Does Illinois Limit Your Right To Pursue Compensation For Injuries Sustained As A Pedestrian?
Illinois’ statute of limitations limits your ability to sue for damages incurred as a pedestrian. Here is the actual language:
“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, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued…” 735 ILCS 5/13-202
Basically, this means that you must file your complaint for relief two years from the date of the crash or other accident that gave you your injuries. Of course, there are exceptions. For instance, if you do not reasonably figure out that you were injured from the event, then you might have additional time. In that scenario, the two-year period wouldn’t begin running until you did or should have discovered your harms. Another exception relates to children. They have two years beyond the age that they reach majority to sue (generally on their 20th birthday). However, the general rule is that Illinois limits your right to pursue recovery for pedestrian accidents by making you file within two years.
Why Does Illinois Limit Your Right To Bring Damages For Pedestrian Accidents?
Like every other state, Illinois bars you from filing suit for personal injuries after a specified period of time. Why? There are a number of explanations and motivations for these limits. The most basic concern is that the Illinois government wants to inspire you to bring your case sooner rather than later. Implicitly, this lets companies, individuals, and other would-be defendants move on if they know a suit will be or won’t be brought. Then, they can structure their futures better and everyone can begin living their lives without the fear of litigation. Additionally, it is just harder to try older cases and it wastes court resources. Think about how hard it would be to track down witnesses, gather evidence, and find necessary items with an event that happened four, five, or even more years ago. Illinois has implemented statutes of limitations to address some of these concerns and others.
What Are The Consequences For Failing?
Failure to comply with a statute of limitations is a complete bar to recovery. If you do not bring suit against the person or entity that caused your pedestrian injuries, then you will not be able to recover against them at all. Consequently, an injured pedestrian should consult with an attorney as soon as feasible to determine who the responsible parties are and what the applicable statute of limitations is. Then, you both can settle on an appropriate deadline, timeline, and case strategy.
Think Your Pedestrian Accident Claim Might Be Too Late?
Rosenfeld Injury Lawyers can help you understand all of the complex laws surrounding Illinois pedestrian accidents including statutes of limitations. Plus, we can fight for you in court once you file your suit at no cost until you are happy with the outcome. Act now before it’s too late. Give us a call today and let someone from Rosenfeld Injury Lawyers hear you story.
For additional information see the following pages:
- Are There Any Illinois Laws To Protect Pedestrians In Crosswalks?
- Can I File A Wrongful Death Lawsuit If My Family Member Was Killed In A Pedestrian Accident?
- Can I Pursue A Bicyclist That Hit Me To Recover Compensation For My Injuries If I Was Jogging On A Marked Bike Path?
- Do Illinois Drivers Owe Pedestrians Any Special Duties Of Care Under Illinois Law?
- I Broke My Leg In A Chicago Pedestrian Accident; Can I Recover Compensation To Pay For Future Surgeries?
- I Was Told That I Was Partially At Fault For My Accident. Can I Still Pursue A Claim For My Injuries?
- Illinois Pedestrian Accident Cases
- What Can I Do If My Child Was Injured In A Pedestrian Accident?
- Will I Need To Pay Any Money Up Front For An Attorney To Represent Me In A Chicago Pedestrian Accident Case?