How Long do You Have to File a Lawsuit for Personal Injuries Related to a Car Accident Arising in Chicago, IL?
In most cases, two years from the date of the accident.
When you have suffered injuries in an Illinois car accident, often your insurance coverage or the at-fault party’s coverage will not be sufficient to fully compensate you for the costs of your medical care and lost wages. In these cases, your only true option for recovering the costs associated with the accident is to hire a personal injury attorney and file a lawsuit against the responsible party.
Illinois has a two-year statute of limitations for the filing of personal injury actions. You must file a lawsuit within two years from the date of the accident that caused your injuries or the claim will be forever barred (735 ILCS 5/13-202). Illinois also has a five-year statute of limitations after the accident for filing a lawsuit over vehicle or property damage (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 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 statute applicable in your case. Accidents involving an injured minor or a municipal defendant can significantly alter the timeline 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 investigative work prior to the commencement of a lawsuit. An investigation may be necessary to determine liability in the case by getting witness statements or reviewing accident reconstruction materials. 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 employment 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 LLC is skilled in the investigation and litigation of auto 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 auto accident case without any cost or obligation. We only charge a legal fee if we are successful on your behalf. Call us today.