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Statute Of Limitations Car Accident Illinois

A severe car accident can be a life-altering event that triggers painful injuries, months of rehabilitation, lost work time, and plenty of financial uncertainty. The Law Office of Jack M. Shapiro understands how challenging your life may be after a car accident and can help you obtain compensation for your losses.

However, you have only a limited time to file a claim in Illinois, so it is essential to act quickly. Contact a car accident attorney at The Law Office of Jack M. Shapiro immediately for a complimentary case review. We will learn about your accident and injuries to determine if another party’s negligence caused your losses. Our many satisfied personal injury clients appreciate how our attorney obtained favorable case results, and we look forward to assisting you.

What Is The Illinois Statute of Limitations?

Illinois law allows you to file a personal injury claim for damages sustained in an accident caused by another person or entity. If you prove that the party violated their duty of care, such as in a car accident, you could receive compensation for your losses. You only have limited time to file a claim, however.

The statute of limitations for personal injury claims in Illinois is only two years. So, you generally have two years from the accident date to file a personal injury lawsuit. If there was a fatal accident, you also have two years from the date of your loved one’s death to file a wrongful death lawsuit.

There are limited exceptions to the two-year statute of limitations. If a car accident victim was under 18 when the incident occurred, they have two years from their 18th birthday to file a lawsuit. If the accident victim was deemed mentally incompetent when the accident happened, the clock begins when they have been declared mentally competent.

Another possible exception to the statute of limitations is the discovery rule. Suppose you are in a Cook County auto accident but don’t realize initially that you were injured. If you discovered three months after the accident that you had a concussion from the accident and it affects your memory, the discovery rule may apply. This means you usually have two years from the date you discovered the injury to file your claim.

Why Is There a Statute of Limitations For Car Accident Claims?

Every state has a statute of limitations for auto accident and other personal injury claims. There are several reasons:

  • Eyewitnesses’ memories are freshest in the days and months after the accident. They may not be able to remember critical accident details many years later.
  • Important case evidence may be unavailable after too many years pass.
  • It is considered unfair for people to have the threat of a personal injury lawsuit looming for too long. Without a statute of limitations, someone could file a car accident lawsuit against someone decades later.

Why Filing a Car Accident Claim Quickly is Important

Retaining an experienced car accident lawyer as soon as possible after a car accident is critical. Many experienced attorneys may be reluctant to take a car accident case if it is close to the statute of limitations expiring. You should start the legal wheels in motion as soon as possible after an auto accident caused by another party.

Contact Our Car Accident Attorneys in Illinois Today

Being seriously injured in an Illinois car accident can be devastating and extremely stressful. But a personal injury lawyer at The Law Office of Jack M. Shapiro can remove the legal and financial burdens of the accident from your shoulders. Our car accident attorneys are aggressive, know the law, and will obtain the best financial recovery in your case. Contact The Law Office of Jack M. Shapiro today at (847) 243-8917 for a free legal consultation. You don’t pay legal fees for our services unless you win!

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