If you have suffered an injury while biking, you may be wondering how long you have to sue after a bike accident in Illinois. Every state has a statute of limitations that puts a time limit on filing personal injury claims such as bicycle collisions. The time limits aim to maintain fairness and keep the courts from wasting resources on old cases that will likely not have a resolution. However, if you don’t take legal action within this limited window, you can lose your chance to recover compensation entirely.
Illinois Bicycle Accident Statute of Limitations
The Illinois statute of limitations for a personal injury bicycle accident claim is generally two years for bodily injury and five years for property damage. That means you have two years from the date of the injury to file a lawsuit against that at-fault party for any bodily injury you have suffered. If two years pass from the injury date and you still have not filed a claim, you will lose your chance to recover financial compensation from the at-fault party. If you try to file a lawsuit after two years, the court will likely reject the case for being untimely.
Similarly, you have five years to file a lawsuit against the driver to recover compensation for property damage, such as your damaged bicycle. Failure to file before the deadline can mean you are left with no compensation after a serious accident.
Exceptions to the Statute of Limitations
The two-year limit is a general rule, but there are exceptions. The two significant exceptions apply to accidents involving minors and government entities.
Minors and Incapacitated Victims
If the victim was a minor when the injury occurred, the two-year time limit only starts counting from their 18th birthday, effectively giving minor victims until their 20th birthday to file a lawsuit. Similarly, if the victim is disabled or incapacitated and unable to file a claim, the statute does not start counting until they are no longer disabled. For instance, if you went into a coma after a bicycle collision, the two-year limit would not begin until you regain consciousness and are no longer incapacitated.
Suing Government Entities
There is also a different time limit for suing government agencies, entities, and employees. Under Illinois law, you must file a lawsuit against public entities or employees within one year, not two. For example, if a state employee struck your bicycle with their vehicle, you would only have one year from the date of the collision to sue for negligence.
When suing the government in Illinois, you must also file a separate notice of claim with the government within at least a year of the accident date. If you neglect to file the required notice, the court will likely dismiss your case.
Contact Our Chicago Bicycle Accident Lawyers Today
Regardless of your circumstances, it is in your best interest to start working on your bicycle injury claim as quickly as possible. The attorneys at Salvi, Schostok & Pritchard P.C. can promptly start building your case to maximize the chances of a satisfactory resolution. If you have more questions about the bike accident lawsuit deadline in Illinois, contact us online or call today.
