One reason to contact a lawyer right away after an Illinois car accident is that state law limits your window to file a lawsuit. Not all Illinois car accident claims go to trial, but insurance companies are more likely to pay you fair compensation if you threaten to file a lawsuit and take your case to court.
The law that sets the deadline to file a lawsuit is called the statute of limitations. A Belleville car accident attorney can help you understand how it applies to your situation and file a lawsuit on your behalf within the required deadline.
Deadline to File an Illinois Car Accident Lawsuit
In Illinois, you typically have two years from the date of a car accident to file a lawsuit. Two years sounds like a long time, but waiting to act can have severe consequences. Crucial evidence can deteriorate, and eyewitnesses’ memories can fade, making it harder to prove your case. Furthermore, waiting months to file a lawsuit can make it seem like your injuries aren’t severe, which means you’ll have a harder time convincing the insurance companies to offer a fair settlement.
What Happens if You File a Lawsuit After the Legal Deadline Passes?
If you try to file a car accident lawsuit in Illinois after the statute of limitations has passed, the court will likely reject your case. Without the threat of a lawsuit and trial, the insurance companies have no reason to offer a settlement.
That’s why acting quickly after a crash is crucial. Waiting too long could cost you your chance to recover money for your medical expenses, lost wages, vehicle repair costs, and other losses. Talk to a lawyer right away if you’re unsure how long you have to file a lawsuit.
Are There Exceptions to the Illinois Car Accident Statute of Limitations?
There are some situations when you might have more time to file a car accident lawsuit, but those exceptions are very fact specific. A lawyer will be able to determine whether any of those exceptions might apply to your specific case.
While these exceptions give you more time to file a lawsuit, there are some situations where you have less than two years to act after a car accident. For example, if the crash involved a government worker or vehicle, you may have a shorter deadline, typically one year. You must also follow special procedures in these cases, but a lawyer can handle them for you.
Contact Our Illinois Car Accident Attorneys Now for Legal Help
Bartholomew, Shevlin & Flack, LLP, has decades of experience handling car accident claims and other personal injury cases. Our clients have won millions of dollars with our help, enabling them to recover from their injuries without financial stress. We know the deadlines in these cases and can act quickly to guard your rights. Call now or complete our contact form for a free case review.