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I was hurt in an Illinois motorcycle accident. How long do I have to file a lawsuit?

In most cases, you have two years from the date of the motorcycle accident to file a lawsuit in Illinois. This time limit is known as the Illinois Statute of Limitations.

Why Your Time Is Limited

The statute of limitations provides certainty to all parties involved in the accident. It allows you, and others who have been hurt, to pursue a case while there is still evidence available and it allows those who caused the accident to know that a lawsuit must be filed by a date certain.

Exceptions to the Statute of Limitations

As with many rules, there are exceptions to the statute of limitations.

The time to file a case may be extended if…

  • You were under the age of 18 at the time of the accident.
  • You were mentally incompetent at the time of the accident.

The time to file a case may also be shortened if…

  • Your crash involved a government vehicle.
  • You are filing a wrongful death claim on behalf of someone who died in the crash.

There Are Benefits to Starting Your Case Early

While the law typically provides you with two years to file a motorcycle accident case in Illinois, the law does not require you to wait that long to file a lawsuit. Instead, you may file a complaint in court as soon as you are ready to do so, and there are benefits to starting your case early.

Specifically:

  • It may be easier to gather evidence soon after the accident and you may be able to build a stronger case.
  • You may recover damages more quickly since you did not delay seeking justice.

Make today the day that you get more information about your rights so that you can make an informed decision about moving forward with a motorcycle accident case. You can get started, for free, right now by downloading our book, The Ultimate Guide for Motorcycle Accident Victims, or contacting us via this website.

Jason F. Abraham
Managing Partner, Hupy and Abraham