How Long do I Have to File an Illinois Motorcycle Accident Lawsuit?
In, most cases, two years from the date of your motorcycle accident under Illinois law.
If you have suffered injuries in an Illinois motorcycle accident caused by another motorist’s negligence, most of the time the at-fault driver’s auto insurance coverage or your own coverage will not be sufficient to fully compensate you for the costs of your medical care and lost wages.
In other cases, the insurance coverage may be adequate but the insurance company, for one reason or another, is resisting payment of the full amount it is legally obligated to pay. In both cases, your best option for recovering your costs is to hire a personal injury attorney and file a lawsuit against the responsible driver or their insurer.
Illinois has a two-year statute of limitations to file personal injury actions. You must bring a lawsuit within two years of the date of the motorcycle accident that caused your injuries or the claim will be forever barred (735 ILCS 5/13-202). I
llinois also has a five-year statute of limitations after an accident for filing a lawsuit for property damage to your bike (735 ILCS 5/13-205). However, if a local public entity or any of its employees caused the accident, the statute of limitations to bring a claim is reduced to one year (745 ILCS 10/8-101).
In spite of these general rules, it is advisable to consult with a reputable Illinois accident attorney who has experience litigating Illinois motorcycle accidents in order to accurately determine the statute applicable in your case.
Accidents involving an injured minor or a municipal defendant can significantly alter the timeline and may require filing a notice provision or filing a lawsuit in a shorter period of time.
Moreover, many accident cases involving motor vehicles require a significant amount of investigative work prior to filing a lawsuit. An investigation may be required to determine liability by getting eyewitness statements or reconstructing the accident.
An investigation also may be needed to determine who the proper defendants are (the parties to be sued), such as a corporate entity. If a driver was acting within the scope of his or her employment at the time of a crash, this information may not be readily apparent from a police report.
Do You Need Help With a Motorcycle Accident Lawsuit in Chicago, Illinois?
Rosenfeld Injury Lawyers LLC is highly experienced in the investigation and litigation of motorcycle accident cases in the metropolitan Chicago area and beyond. Our personal injury law firm represents individuals exclusively—never companies.
We invite you to contact our office for a free review of your motorcycle accident case with no cost or obligation. You only pay a legal fee if we are successful on your behalf. Call us today so we can put you on the road to financial recovery.