Illinois Statutes of Limitations for Pedestrian Accidents

Pedestrian accidents often result in serious injuries and loss of life. Although much of the state offers sidewalks and crosswalks, accidents continue to occur. Victims have the legal right to pursue financial compensation against those who cause their injuries. The right to do so requires filing a claim or lawsuit within the statute of limitations. Speak with a Springfield pedestrian accident attorney about your case today.

Statute of Limitations for Pedestrian Accidents Resulting in Injuries

Pedestrian accidents result in numerous outcomes. For individuals who suffer injuries and recover, the statute of limitations for filing a personal injury claim in Illinois is two years from the date the accident took place. You must start your claim and file a lawsuit within two years of that accident to receive compensation if awarded by the court.

Exemptions to the Statute of Limitations in Pedestrian Accidents

Several exemptions may extend the time for the victim to file a personal injury claim.

One exception to this is in situations where the victim suffers legal disability that includes temporary or permanent mental injuries, and this prevents the individual from filing a lawsuit within the two-year timeframe. This may include being in a coma, for example. In these situations, once the individual recovers, the two-year timeframe begins.

Another potential exemption arises when the individual is under 18 at the time of the accident. The statute of limitations does not begin in these situations until the victim reaches the age of 18.

In situations where a defendant flees the state of Illinois, and you cannot find them to serve them with legal documents, this pauses the statute of limitations. You have two years from when you find them.

Statute of Limitations for Pedestrian Accidents Resulting in Death

In situations where the individual dies from the accident, the family members may file a wrongful death claim. You must file this claim within two years of the death in many cases. There are some exemptions to this rule as well.

For example, if a public entity is to blame for the accident, such as the city, you must act far sooner, usually within six months. In cases involving violent acts and crimes, the statute of limitations can extend as much as 5 years.

What Happens When You Miss the Statute of Limitations

If you believe you are approaching or that the statute of limitations has expired, it is still worth speaking to a pedestrian accident lawyer in Illinois right away. Your lawyer determines if any potential exemptions apply.

If this is not the case, and you miss the statute of limitations filing deadline, the court is likely to reject your claim. The defendant has the right to move to dismiss the claim. The judge will grant the motion, and the court will never hear the case. It is up to the defendant to file such a motion for the court to throw the case out. However, this will nearly always occur.

What to Do Now

If you suffered injuries in a pedestrian accident in Illinois, contact an attorney immediately. Your lawyer can expedite the process to avoid missing these opportunities. Remember that the case does not need to settle within that timeframe, but court action must occur before that timeline runs out to preserve your rights.