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Illinois Statute of Limitations for Car Accidents

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Posted on January 10, 2024

The countdown begins in the time you have to take legal action for injuries resulting from a car accident as soon as the accident occurs. A statute of limitation designates a timeline for legal action that can be taken to recover financial compensation for damages after a car accident. Working with a Springfield car accident attorney at Holly, Rosen & Beard, LLC takes the pressure off of you to meet critical time limits while you focus on healing.

Time Limit for Filing an Illinois Personal Injury Case

A lawsuit for a personal injury case in Illinois must be filed within two years of the date that the accident occurred. Failing to do so can result in losing the critical compensation you need for recovery. Even when your injuries require ongoing treatment, the time limits still apply.

Working with a car accident attorney in Springfield allows a complete evaluation of your losses, including future medical bills. Non-economic damages, such as pain and suffering that do not have a definitive price tag, will also be accounted for by an experienced personal injury team. Your case can also be reviewed to determine if any exceptions to the time limits apply.

Time Limits to File a Case for Damage to Property

A lawsuit to pursue compensation for damages to property must be filed within five years. Again, exceptions to every rule are stated in the law and should be discussed immediately. This time limit allows individuals to seek compensation for repairing or replacing their personal property.

Wrongful Death Filing Limits

When someone dies as a result of a car accident, their family or personal representative has either one year from the date of the individual’s death or within two years of the accident, whichever is determined to be the later date, to file an action against the negligent party. Losing a loved one in an accident is a disorienting experience, with months often lost to the grieving process. Let a Springfield wrongful death attorney fight for you, allowing you time to process your loss.

Why Statute of Limitations Exist

A statute of limitation exists for several reasons, and the first is the preservation of evidence. Evidence such as photos or video footage can be deleted, memories fade, and the physical evidence at the scene of a car accident changes, such as the fading of skid marks or the removal of superficial factors influencing an accident. These examples demonstrate the urgency of seeking help as soon as possible following an accident.

These time limits also remove the uncertainty for defendants of ongoing, impending legal action. The continual threat of legal action with no end date impedes life, and time limits establish a point when the potential for being legally sued for an action no longer exists. While this may seem unfair if you have been injured, the law sets parameters to encourage the prompt pursuit of a lawsuit.

Time is Limited to Work With an Illinois Personal Injury Attorney

Never let a missed deadline keep you from the compensation you deserve. Holley, Rosen & Beard, LLC will take on the work that feels too overwhelming to accomplish after an accident or a death caused by a car accident. Schedule a free initial consultation to discuss available compensation for your injuries today.