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How long do I have to file a truck accident case in Illinois?

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Each state, including Illinois, has laws known as the statutes of limitations. These laws limit the amount of time that an injured party has to file a lawsuit.

It may seem that the laws are unfair and that you shouldn’t be up against a deadline when you are suffering from a painful injury. However, the law is meant to protect both you and the defendant by providing a time by which the case must be filed. It provides the defendant with some certainty about how long he may be financially vulnerable to a lawsuit and, more importantly, it provides you better access to high-quality evidence. Additionally, the sooner that you file a case the sooner you may be able to make a legal recovery to help with your physical and emotional recoveries.

How Long Do You Have To File A Truck Accident Claim?

If you were hurt in a truck crash, then you have suffered a personal injury and the Illinois Statute of Limitations for personal injuries applies to your case. In most cases, this means that you have two years to file a lawsuit. The two years runs from the time that the injury is discovered or the time that the injury should reasonably have been discovered. Most of the time, the two-year statute of limitations will begin on the day of the truck crash.

In limited circumstances the statute of limitations may be extended. This may happen, for example, if you were under the age of 18 or mentally incompetent at the time of the crash and your parent or legal guardian did not file a case on your behalf.

What Happens If You Miss the Deadline To File Your Truck Accident Claim?

If you file a lawsuit after the statute of limitations expires, then you should expect that the defendant will file a motion to dismiss with the court. The court will grant that motion and your case will be dismissed without you recovering any financial damages.

Don’t let this happen to you. Instead, learn how an Illinois truck accident case works and what you can do to protect your rights today by speaking with our experienced truck accident injury lawyers as soon as possible. Contact us online or call us directly at 800.800.5678 for a free consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham