Chicago Car Accident Statute of Limitations

During the days and weeks after a serious car accident, injury victims understandably focus on their physical recovery and emotional well-being, but when the medical bills begin piling up at the same time that they are unable to return to work due to their serious injuries, they begin considering their financial recovery as well.

Time limits are important concerns after an accident. The clock begins ticking for many critical components of a compensation claim, including reporting the accident to the DMV within ten days and notifying the insurance company. But what about the time limit for filing a compensation claim or lawsuit? The state’s statute of limitations for car accident claims is one of the most important aspects of recovering after a car accident in Chicago.

What Is the Statute of Limitations for Car Accident Claims in Chicago?

Like all states, Illinois places a time limit on car accident claims to ensure that evidence remains available and eyewitness testimony is still reliable for the legal process. In Chicago, and throughout Illinois, any personal injury victim has up to two years from the date of their injuries to file a compensation claim or lawsuit, including those injured in car accidents. 

The first reaction to that time limit for many car accident victims is, “Isn’t two years more than enough time? Why wait that long to file a claim?” The truth is that most injury victims begin the claim process soon after the accident, but recovering full compensation for damages like medical expenses, future medical costs related to the injury, lost wages, and compensation for pain and suffering is a time-consuming process. Understanding this, insurance companies often reach out to car accident victims with a fast settlement offer. This is almost always far less than the true value of the claim and intentionally offered before the injury victim knows the full extent of the damages they’re facing from the accident. Accepting a fast settlement offer requires signing away the right to a lawsuit.

Why Would It Take Up to Two Years to Settle a Car Accident Claim in Chicago?

Recovering the largest settlement or court award for damages requires a careful investigation, documenting compelling evidence of the other party’s liability, and carefully calculating past, present, and future damages, including determining if the injury victim has a level of disability going forward. There may also be months of negotiations seeking a settlement.

If the insurance company fails to offer an ample settlement amount and the case requires a trial, the injury victim must file a lawsuit before the two-year statute of limitations for Chicago car accident claims expires or the court will simply toss it out.

Are There Ever Exceptions to the Two-Year Statute of Limitations for Car Accident Claims In Chicago?

Most car accident claims fall under the state’s strict, two-year time limit, but Illinois does extend—or toll—the statute of limitations under some circumstances including the following:

• If a car accident injury victim is a minor when the accident occurs, they have up to two years from their 18th birthday to file a claim
• When an injury victim is unconscious or incapacitated by severe injuries, the two-year time limit begins on the date they recover their consciousness or cognitive abilities
• If a car accident victim discovers an injury later—like a head injury with delayed symptom onset or a backache diagnosed as a burst disc fracture—the two-year time clock begins ticking on the date of discovery or when the injury victim should reasonably have discovered the injury
• When an at-fault driver flees the scene in a hit-and-run accident, the state may extend the statute of limitations to two years after the date the police identified and apprehended the hit-and-run driver

If you have questions about how the statute of limitations for car accident claims affects your Chicago car accident case, contact an experienced injury lawyer in Chicago today.

How Can the Chicago Car Accident Lawyers at Smith LaCien LLP Help?

Call the Chicago car accident attorneys at Smith LaCien today so we can begin a strategy to ensure your car accident case meets all critical deadlines and filing dates. Our results-oriented approach tailors a strategy for every client’s unique case.