How Long Do I Have to File a Pedestrian Accident Claim in Illinois?

Victims of a personal injury, such as a pedestrian accident, typically have to file a lawsuit within 2 years of the date of the injury for the Illinois court to hear their case. There are numerous factors that play a role in this. It is always beneficial to hire an attorney quickly, as soon as possible after your accident, to protect evidence.

Consider the following factors that play a role in when you can file a pedestrian accident claim in Illinois, and speak with a Springfield pedestrian accident attorney about your case.

State of Limitations in Illinois

The Illinois statute of limitations for most personal injury cases is two years from the date the injury occurred. This is the timeline for pursuing a lawsuit in court. If you do not file within that timeframe, the court does not hear your case, and there is no way to hold the insurance company or at-fault party accountable for their actions.

In most situations, your pedestrian accident lawyer will work with you to settle your case out of court before this timeframe. Settling out of court provides numerous benefits, including faster access to the funds you need and lower legal costs. However, if the insurance company refuses to settle fairly, you need to have time within that statute of limitations to take action. This is why you do not want to wait.

Exceptions to the Statute of Limitations

There are some situations where you may have more time beyond those two years. For example, if you were a minor at the time of the accident, meaning you were under the age of 18, your two-year timeframe does not start until you turn 18. This gives you up until your 20th birthday to file a lawsuit.

Delayed discovery of the injury is another factor that may affect this timeframe. For example, if you do not learn of your injury right away, the two-year timeframe does not start until that occurs. For example, it may take years to learn that exposure to toxins from the vehicle caused cancer to develop.

Mental disability is a third factor that may provide you with additional time to file a case. If you are unable to communicate or understand what you are facing due to the severity of your injuries, you may have more time. Pedestrian accidents can cause a person to lose consciousness for a period of time. If you are in a coma for six months, your two-year timeframe does not start until you can legally act, which could be six months after that accident.

Government Entities and Statute of Limitations

One of the times when the statute of limitations is lower is when a government entity is at fault. In these situations, such as if a police officer or a bus driver working for the city causes the accident, you may have as little as one year to take legal action and even a shorter amount of time to notify those at fault.

Because of these specific risks, it is always important for victims of pedestrian accidents to take action as soon as possible. That includes getting medical care and then hiring an attorney to guide you through the process of seeking fair compensation. Your losses may be severe, and someone should pay for them.