How long do you have to file a lawsuit for personal injuries related to a car accident arising in Chicago, IL?

How Long Do You Have To File A Lawsuit Related To A Car Accident Illinois has a two-year statute of limitations for the filing of personal injury cases. The lawsuit must be filed within two years from the date of the incident or the claim will be forever barred. 735 ILCS 5/13-202 (from Ch. 110, par. 13-202). Illinois also has a five-year statute of limitations after the accident for filing a lawsuit over vehicle or property damage. 735 Ill. Comp. Stat. 5/13-205. Finally, if a local public entity or its employees caused the accident, the statute of limitations is further limited to one-year. 745 ILCS 10/8-101.

In spite of this general rule, it is best to consult with an auto accident attorney who has experience litigating Illinois motor vehicle collisions to accurately determine the appropriate statute in your circumstance. Situations involving an injured minor (see Question 13) or a municipal defendant can significantly alter the statute and may require either the filing of a notice provision or filing of a lawsuit in a shorter period of time.

Additionally, many car accident cases require a significant amount of investigation prior to the commencement of a lawsuit. An investigation may be necessary to both determine the liability aspects of the case by talking to witnesses or reviewing accident reconstructionist materials. In other situations, an investigation may be necessary to determine who the proper defendant’s are in a case (the people to be sued). If a driver was employed at the time of a crash, this information may not be readily apparent from a police report.

Are you ready to proceed with an auto accident case in Chicago, Illinois?

Rosenfeld Injury Lawyers is skilled at the investigation and litigation aspects of auto cases in and outside of the metropolitan Chicago area. Our law firm represents individuals exclusively—never companies. We welcome you to contact our office for a free review of your auto accident case without any cost or obligation. Only if we are successful will a fee be charged. Call us today.

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