What Is the Statute of Limitations for Car Accidents in Illinois?

Very few things interrupt your daily routine more than a car accident—and very few things sound less pleasant than having to deal with insurance company representatives or taking your case to a courtroom. Unfortunately, though you may want to delay filing a civil claim for as long as possible, the state of Illinois imposes a strict timeline on how long you have to file your suit. The law that dictates this time limit is called the “statute of limitations,” and it helps ensure that the evidence and memories of bystanders and involved parties stay fresh during courtroom proceedings. 

If you need to file a case to claim compensation for a car accident, let the skilled car accident attorneys at Johnston Law Offices P.C. tell you everything you need to know.

How Long Do You Have to File a Lawsuit After a Car Accident in Illinois?

In most cases, the statute of limitations on personal injury claims in Illinois gives you two years from the date of your car accident to file a lawsuit for monetary compensation. If you miss this deadline, the judge will likely dismiss your case, and you will lose the opportunity to claim what you’re owed.  However, there are some exceptions to this timeline, which we explore below.

Are There Exceptions to the Statute of Limitations in Illinois?

While the two-year deadline applies in most cases, Illinois law allows for some exceptions in certain circumstances, including the following:

• If the person bringing the civil lawsuit was under the age of 18 at the time of the accident, then the two-year period only starts counting down once they reach 18 years old.
• If the injured person is under a legal disability at the time of the crash, the two-year timer only starts counting when they recover from the disability.
• If the at-fault party happens to work for the government, you may only have one year to file a claim.

What Happens if You Miss the Statute of Limitations?

Generally speaking, if you miss the time limit imposed by the Illinois statute of limitations, you usually lose your right to file a civil lawsuit for the car accident. Unfortunately, this means that you will likely need to pay for all medical bills, lost wages, and other related expenses out of pocket.

Even within the two-year period, however, you should strongly consider filing your lawsuit as soon as possible. As time passes, you might lose crucial evidence like black box data, phone call and text records, or contact information. Additionally, the memories of witnesses and all involved parties can fade or color with time. The sooner you file a lawsuit, and the sooner you get in touch with a qualified lawyer to take up your case, the sooner you can recover the compensation that you deserve.

Protecting Your Interests After Your Car Accident with the Personal Injury Attorneys at Johnston Law Offices P.C.

Our car accident attorneys know how to handle the post-accident legal scenario, how to build your strongest possible case, and how to protect your rights in the courtroom. We know all the deadlines that apply to your lawsuit. You can rely on us to take care of you and advocate for your interests.

We serve clients throughout Edwardsville, Belleville, Glen Carbon, Madison County, St. Clair County, the Metro east area, and the surrounding Illinois regions. Give us a call at (618) 655-1234 or fill out our online form to get in touch with us. Not only do we offer a free consultation, but we also work on a contingency fee basis—which means we collect no fees from you unless your case succeeds.