When injured in a car accident in the state of Illinois, you only have a specific amount of time to seek damages against the party or parties responsible for those injuries. This is referred to as a statute of limitations.
The law itself can be found under the Illinois Statutes Chapter 735. Civil Procedure § 5/13-202 Personal Injury – Penalty.
In the majority of motor vehicle injury accidents, the statute of limitations in which a victim can file for damages is two years from the date of the incident. It is important to note, however, that in some situations the statute of limitations may be shorter or may be longer.
Car accident victims need to consult with a skilled Chicago personal injury attorney as soon as possible after injury.
Statute of limitations
Child Victim
You have two years to file with a child victim. However, the countdown doesn’t start until they turn 18. This means that they can seek compensation for their injuries against the at-fault driver until they are 20-years-old.
Claims against Municipal or State Governments
When the driver responsible works or represents a government entity, the statute of limitations is two years from the date of the accident. But the victim must notify the Court of Claims and the State Attorney General of their intention within one year.
Failure to file that notification could prohibit a victim’s right to file against the government entity at all.
Wrongful Death Claims
In the tragic event that the injured victim dies as a result of the injuries they sustain in the crash, his or her surviving family members or representative of their estate have the right to file a wrongful death claim against the driver who caused the fatal crash.
You must file either within two years of the crash; or within one year of the victim’s death whichever date is later.
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