Illinois Car Accident Statute of Limitations

If you have been involved in a car accident in Illinois, one of the key things to remember is that you don’t have the luxury of time to file your claim. All personal injury claims are governed by the statute of limitations. Therefore, it is advisable to act quickly after a car accident to preserve your right to pursue legal action.

However, the Illinois car accident statute of limitations is not always completely straightforward. It is best to contact an Edwardsville car accident attorney to ensure you meet the strict timeframes and safeguard your interests and legal rights.

What Is the Statute of Limitations for Car Accident Claims in Illinois?

In Illinois, if you’ve been in a car accident and want to file a claim, you have two years from the date of the accident or injury discovery to file a lawsuit (735 ILCS 5/13-202). So, if you were hurt in an accident, it’s important to start the process sooner rather than later.

Also, if the accident resulted in wrongful death, the family or representatives have only two years from the date of death to file a wrongful death claim in court.

These time limits are important considerations because if you miss them, you can lose your legal right to pursue compensation. Always talk to a lawyer as soon as possible to ensure you meet all the deadlines and file your claim properly.

What To Do After a Car Accident?

After a car accident, your actions can affect your ability to seek compensation. Here is what to do immediately after a car accident in Illinois:

• Check for injuries and ensure everyone involved is safe. Call emergency services if necessary and get medical attention for your injuries.

• Gather details from the scene. If it’s safe, take photos of the accident scene. Also, collect contacts and insurance information from other parties, as well as witness statements.

• Notify your insurance company. Report the accident to your insurance company as soon as possible. Provide accurate details about the incident, but avoid making any statements that could be used against you later.

• Consult a lawyer. Before accepting any settlement offer from an auto insurance company, consult with a car accident lawyer. They can help you understand the full value of your claim and ensure you are not pressured into a settlement that might not cover all your damages.

While a lawyer will keep track of all deadlines associated with your case, they can also consider the applicable tolling factors. They will evaluate your case and special circumstances that might affect the statute of limitations. If there are any, they will request extensions or discuss tolling factors with the court. In Illinois, tolling factors might include:

• Delays caused by the discovery of injuries
• If the injured party is a minor
• If the injured person is mentally incapacitated at the time of the accident
• If the defendant intentionally conceals facts or evidence
• If the defendant leaves Illinois after the accident

Hire an Edwardsville, Illinois Car Accident Attorney Today

Time is of the essence when dealing with car accident claims. To ensure your case is handled effectively and deadlines are met, hire an Illinois car accident attorney from Walton Telken Bragee Injury Attorneys immediately. We will guide you through the legal process based on the Illinois car accident statute of limitations and help you seek compensation for your losses. Contact us today for a free case review.

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We’re a Midwest-based law firm, small by choice, with big impact. At Walton Telken, our mission is simple: achieve the best possible outcomes for each of our clients. Powered by our passion for victims’ rights and 150 years of combined legal experience, we work hard towards this goal every day—and we have the track record to prove it.

Questions? We’re here to answer them. 618-307-9880 twalton@waltontelken.com