Understanding Statute of Limitations in Car Accident Cases

When you suffer injuries in a car crash due to another party’s negligence, you may have the right to seek compensation for your losses. However, Illinois law imposes deadlines for filing personal injury lawsuits. In most cases, car crash victims have a two-year period to file their claims. Other deadlines may apply depending on the specific type of claim. An experienced car crash attorney can assess the necessary timeline for filing your claim after reviewing the case details.

What is a Statute of Limitations?

The statute of limitations imposes a time limit on bringing a car accident case to court. Although the law has exceptions that may extend the deadline, courts strictly enforce limitations periods. As a result, an injured person who files legal action after the statute of limitations expires risks having the action dismissed by the court and may lose the opportunity to pursue financial recovery for their injuries and other losses.

Why are There Statutes of Limitations?

While imposing a deadline on filing a legal claim in court may seem arbitrary, statutes of limitations serve multiple crucial public policy purposes, including:

• Prompt resolution of legal disputes – Requiring parties with legal claims to go to court promptly facilitates the efficient resolution of legal disputes. Statutes of limitations prevent claims from lingering, which might overwhelm judicial dockets if many parties with old claims suddenly file them in court.
• Ensuring the availability of evidence – Evidence related to a legal claim may get lost or destroyed over time. Witnesses’ memories can fade. They might also pass away or move out of state and become unavailable to testify. The statute of limitations ensures that claims get heard while the evidence and witness testimony remain fresh, allowing both sides of a legal dispute have the full opportunity to present their respective cases.
• Certainty and stability for potential defendants – The statute of limitations also offers potential defendants financial and legal certainty regarding how long they might bear liability for a legal claim. Once the statute of limitations expires on a potential claim, the defendant(s) can move on with their lives or business with confidence that they will not face liability for that claim.

Statutes of Limitations in Different Situations

Illinois law has various statutes of limitations for personal injury claims arising from a car crash. The applicable statute of limitations will depend on the cause(s) of the crash and the types of harm you suffered in the collision.

• Negligence claim – Under the Illinois personal injury statute of limitations, you typically have a two-year limit to file a car accident lawsuit against an at-fault party to recover compensation for injuries sustained in the crash.
• Property damage-only claim – Illinois’ statute of limitations for property damage gives you five years after a car crash to file a lawsuit to pursue financial recovery for repairing or replacing your damaged vehicle.
• Product liability claim – Some car crashes occur due to a design or manufacturing defect in a vehicle or one of its components. In these cases, you might pursue compensation by filing a product liability claim against an automaker or parts manufacturer. The statute of limitations for product liability claims requires you to file a product liability claim within two years of the car crash. However, Illinois’ product liability law also includes a statute of repose. This law requires you to file a lawsuit for a defective vehicle or auto part no later than 12 years after the delivery or sale of the vehicle or part to the seller or 10 years after the delivery or sale of the vehicle to the initial owner (whichever period expires earlier).
• Wrongful death claim – Under Illinois’ wrongful death statute, the personal representative of the estate of a person killed in a car crash typically has a two-year window after the collision to file a wrongful death lawsuit against the driver or other parties responsible for causing the collision.
• Minor victim – Because a minor child lacks the legal capacity to pursue a court action, the law “tolls” or pauses the statute of limitation on a child’s car crash claim until the child turns 18. The applicable limitations period begins on the child’s 18th birthday. However, a child’s parent or guardian can also file a car accident lawsuit on behalf of their child before they turn 18.
• Incapacitated individual – The law also tolls applicable statutes of limitations for people with car accident claims who have a physical or mental incapacity that prevents them from pursuing their claims in court. The tolling period continues until the person recovers from their incapacity.
• Defendant out of jurisdiction – In certain circumstances, a court may toll the statute of limitations in a car accident case if the defendant has left Illinois and the plaintiff cannot serve the defendant with the complaint or summons due to legal or practical considerations.
• Accident involving government vehicle – Illinois law requires a person injured in a motor vehicle crash caused by a state government vehicle to provide the appropriate government office with written notice of a personal injury claim within one year of the crash. After providing the state government with written notice, an injured victim must file a lawsuit in the Illinois Court of Claims within two years of the date of the crash. Local governments in Illinois also have similar notice requirements and deadlines.

Preserve Your Rights — Call a Chicago Car Accident Attorney Today

In the aftermath of a car collision in Chicago, you have limited time under the state’s statutes of limitations to file a lawsuit against those responsible for your injuries and other losses. Contact an experienced personal injury attorney at Salvi, Schostok & Pritchard P.C. to discuss the applicable filing deadline for your car crash claim and your options for recovering fair compensation. Our proven car accident attorneys have recovered more than $2.5 billion for our clients and will fight for the justice you deserve.