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How long do I have to file a car accident lawsuit in Illinois?

You have limited time to file a claim for an Illinois car accidentThe amount of time that you have to file a car accident lawsuit in Illinois depends on what happened to you, or your loved one, in the car crash.

Generally you have two years from the date of your injury to file a lawsuit if you were hurt in the accident and only private vehicles were involved in the crash.

In other cases, you might have:

  • One to two years from the date of the accident to file a lawsuit if your loved one was killed in the crash.
  • Only one year from the date of the accident to file a lawsuit if your crash included a government vehicle.
  • Five years from the date of the accident to file a lawsuit if you are only claiming property damage from the crash.

In some cases, such as when a minor is hurt in a crash, the statute of limitations may be extended.

Don’t Wait Until You Are Up Against the Deadline

There is no reason to wait to take action if you have been hurt or if you have lost a loved one. Rather, you may want to take action as quickly as possible so that:

  • Evidence from the accident can be gathered and preserved for your case.
  • You can recover damages sooner rather than later.
  • You don’t risk missing a deadline and foregoing a recovery.

Remember, if you miss the deadline set by the Illinois statute of limitations, then the court may refuse to hear your case and you may never get the damages that you deserve. Accordingly, we encourage you to find out more about your rights today so that you can make an informed decision about how to proceed with your claim. You can find out more by downloading our FREE brochure, After an Accident: What to Expect.

 

Jason F. Abraham
Managing Partner, Hupy and Abraham