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.
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.
For additional information see the following pages:
- Do I need to give a statement to an insurance company following an auto accident where I was injured?
- How long does it take to settle an Illinois car accident case involving injuries?
- How much does it cost to hire a lawyer to represent me in a personal injury case arising out of an Illinois auto accident?
- I don’t understand why my car insurance needs to pay for injuries I sustained when another person caused the accident
- I was told the driver of the vehicle I was involved in an accident with had full coverage. What does that mean?
- I was unable to work for several months following my car accident; can I recover my lost wages?
- If the car was owned by a company, is the company responsible for paying my personal injuries?
- Is car insurance mandatory for drivers in Illinois?
- My health insurance company said they have subrogation rights related to my auto accident case. What does that mean?
- Can I pursue a claim on behalf of my son against my husband?
- My surgeon wants to put a lien on my car accident case. What is he doing?
- The driver I was involved in an accident with pleaded guilty in traffic court. What does that mean?
- The driver of the vehicle who caused my Chicago car accident was arrested for DUI. Can a claim be pursued for punitive damages?
- What type of monetary damages does the law provide for in automobile accident cases in IL?
- Why is the car insurance company denying my claim for property damage and medical expenses?