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Car accidents can lead to serious injuries, financial strain, and long-term challenges. If a crash injured you in Chicago, you might wonder how long ater a car accident can you sue in Chicago.
The statute of limitations sets a strict, two-year deadline for filing a personal injury claim, and missing it could mean losing your right to recover compensation.
You need a car accident lawyer who knows the legal timeline if you want to seek damages for medical bills, lost wages, pain and suffering, or other losses. Below, we’ll explain how long you have to sue after a car accident in Chicago, potential exceptions to the time limit, and the steps you should take to protect your rights.
What Is the Statute of Limitations for Car Accidents in Illinois?
In Illinois, the statute of limitations for filing a lawsuit after a car accident is generally two years from the accident date. This means you must file your lawsuit within this time frame, or the court will likely dismiss your case.
The two-year limit applies to claims for:
- Personal injuries caused by a negligent driver
- Wrongful death resulting from a fatal crash
- Pain and suffering related to accident-related injuries
If your case involves only property damage, such as vehicle repairs, you have five years from the accident date to file a claim.
Are There Exceptions to the Filing Deadline?
While the standard deadline for filing a car accident lawsuit in Illinois is two years, some circumstances can extend or shorten this time frame.
Claims Involving Minors
If the injured party was under 18 at the time of the accident, the statute of limitations does not begin until their 18th birthday. This means they have until their 20th birthday to file a personal injury lawsuit.
If the At-Fault Driver Left the State
If the driver responsible for the accident leaves Illinois before you file a claim, the statute of limitations may pause until they return. This prevents negligent drivers from avoiding responsibility by simply moving out of state.
If the Victim Is Incapacitated
If an accident leaves a victim physically or mentally incapacitated, the statute of limitations may extend until they can file a lawsuit.
Wrongful Death Claims
If a loved one passes away due to a car accident, the two-year clock starts on the date of their death, not necessarily the date of the accident. This gives families time to file a wrongful death lawsuit.
What Happens If You Miss the Filing Deadline?
If you fail to file your lawsuit before the statute of limitations expires, you will likely lose your ability to recover compensation. Insurance companies know these deadlines and may refuse to settle your claim if they know you no longer have the option of taking legal action.
Even if negotiations with the insurance company are ongoing, you must file your lawsuit within the legal time frame to preserve your rights.
When Should You Contact a Lawyer?
Although you technically have up to two years to file a personal injury lawsuit, it’s best to take action as soon as possible. The earlier you begin the process, the easier it is to collect evidence, obtain witness statements, and build a strong case.
Contacting a car accident lawyer early also gives you time to:
- Gather medical records and police reports
- Document your injuries and financial losses
- Negotiate with insurance companies before filing a lawsuit
- Ensure no deadlines are missed due to legal complexities
A lawyer can also determine if any exceptions apply to your case and file your claim correctly.
How Long Does a Car Accident Lawsuit Take?
Once you file a lawsuit, the legal process can take several months to a few years, depending on:
- The severity of your injuries and the complexity of your case
- Whether the insurance company agrees to a fair settlement
- Whether the case goes to trial
- The availability of key evidence and expert witnesses
Some cases settle quickly, while others require lengthy legal battles. A lawyer can guide you through the process and help speed up the timeline where possible.
What Compensation Can You Recover After a Car Accident?
If you file a lawsuit within the statute of limitations, you may recover compensation for:
- Medical expenses, including hospital bills, surgeries, and rehabilitation
- Lost wages if your injuries prevent you from working
- Pain and suffering, emotional distress, and reduced quality of life
- Property damage, including vehicle repairs or replacement
- Future medical care for long-term injuries
- Wrongful death damages if you lost a loved one in the accident
The value of your case depends on the severity of your injuries, the impact on your daily life, and the available insurance coverage.
Can You Still Settle With Insurance After the Statute of Limitations Expires?
Once the statute of limitations expires, you lose your legal leverage against the at-fault driver and their insurance company. While insurers may still offer a settlement before the deadline, they probably won’t do so after the deadline passes.
If you attempt to file a lawsuit after the deadline, the court will likely dismiss your case, leaving you without options for financial recovery. This is why you must act as soon as possible to file a claim.
Steps to Take After a Chicago Car Accident
If a car accident injured you in Chicago, to protect your rights:
- Seek medical treatment immediately to document your injuries.
- Obtain a copy of the police report to support your claim.
- Gather evidence, including photos of the accident scene, vehicle damage, and witness statements.
- Notify your insurance company about the accident, but avoid admitting fault.
- Consult a car accident lawyer to evaluate your case and ensure you file within the legal deadline.
What If You Don’t Feel Injured Right Away?
After a car accident, some injuries may not immediately manifest. Whiplash, concussions, or internal bleeding can take days or even weeks to develop. If you delay medical treatment and later decide to file a lawsuit, the insurance company may argue that your injuries were unrelated to the accident.
Even if you feel fine at the scene:
- Get a medical evaluation as soon as possible.
- Keep records of any symptoms that develop later.
- Follow up with a doctor if you start experiencing pain or discomfort.
Delaying medical care can affect both your health and your ability to recover compensation.
How Long Does It Take to Settle a Car Accident Case?
Every car accident case is different, and the time it takes to settle depends on:
- The severity of injuries and length of medical treatment.
- The willingness of the insurance company to negotiate a fair settlement.
- Whether the case requires expert witnesses or accident reconstruction.
- The court’s schedule if the case goes to trial.
If the insurance company refuses to offer fair compensation, taking the case to court may extend the timeline.
What If You Were Partially at Fault for the Accident?
Illinois follows a modified comparative negligence rule, meaning you can still recover compensation even if you were partially at fault for the accident. However, your compensation will decrease by your percentage of fault.
Because insurance companies often try to shift blame onto accident victims, having legal representation can protect your right to compensation.
What If the At-Fault Driver Was Uninsured?
If you are in an accident with an uninsured driver, you may still have options to recover compensation. In Illinois, drivers must carry uninsured motorist (UM) coverage as part of their auto insurance policy. This coverage can pay for medical expenses, lost wages, and other damages if the at-fault driver does not have insurance.
If your own insurance company refuses to honor your uninsured motorist claim, you may need to take legal action to secure the compensation you deserve.
What If the At-Fault Driver Was Underinsured?
Some drivers carry only the minimum required liability insurance, which may not be enough to cover all of your medical bills, lost wages, and damages. In these cases, underinsured motorist (UIM) coverage on your own policy may cover the remaining expenses.
If your injuries exceed the at-fault driver’s coverage limits, a lawyer can help determine whether you should:
- File a claim against your underinsured motorist coverage.
- Seek additional compensation through a personal injury lawsuit.
- Investigate whether other parties (such as a rideshare company or employer) may share liability.
How Does the Statute of Limitations Affect Insurance Claims?
The statute of limitations applies to lawsuits, but it also affects insurance claims. Insurance companies have their own deadlines for reporting and filing claims, and waiting too long to file a claim could result in denial.
After an accident, notify your insurance company as soon as possible. However, an adjuster may try to minimize your claim or shift blame. Consulting an attorney before providing a statement can protect your case.
What If Your Injuries Require Long-Term Medical Care?
Some car accident victims suffer serious injuries that require ongoing medical treatment, such as:
- Spinal cord injuries.
- Traumatic brain injuries (TBI).
- Severe burns or disfigurement.
- Multiple fractures requiring surgery and rehabilitation.
If your injury will require long-term care, you need a lawyer to calculate future medical expenses before accepting any settlement. A lawyer can work with medical experts to estimate the full cost of your treatment, lost earning potential, and long-term disability needs.
What If the Accident Resulted in a Fatality?
If you lost a loved one due to a car accident, you may file a wrongful death lawsuit.
In Illinois, the statute of limitations for wrongful death cases is two years from the date of death.
A wrongful death claim can help surviving family members recover:
- Funeral and burial expenses.
- Lost financial support the deceased would have provided.
- Medical expenses related to the accident before death.
- Compensation for loss of companionship and emotional suffering.
If you lose a loved one in a preventable accident, an attorney can pursue justice on their behalf.
Can You Still File a Lawsuit If the Other Driver Left the Scene?
Hit-and-run accidents are unfortunately common in Chicago, leaving victims wondering how to recover compensation when the at-fault driver is unknown.
In these cases, you may:
- File an uninsured motorist claim with your own insurance company.
- Work with authorities to identify the hit-and-run driver and pursue legal action.
- Use evidence from surveillance cameras or witness statements to strengthen your case.
If a hit-and-run accident injures you, take immediate action to increase the chances of holding the responsible party accountable.
How Can a Lawyer Help If You’re Facing an Insurance Dispute?
Insurance companies are known for offering low settlements, delaying claims, or wrongfully denying coverage.
If you are struggling to get the compensation you deserve, a lawyer can help by:
- Gathering medical records, accident reports, and witness statements to support your case.
- Negotiating with the insurance company for a higher settlement.
- Filing a lawsuit if the insurance company refuses to pay what you are owed.
An attorney can take the stress of dealing with insurers off your shoulders, allowing you to focus on your recovery.
What Are the First Steps to Take After a Car Accident?
Taking the right steps immediately after an accident can protect your legal rights and improve your chances of securing compensation.
- Call 911 and report the accident to law enforcement. A police report can provide critical evidence.
- Seek medical attention, even if you don’t feel injured right away.
- Exchange information with the other driver, including insurance details.
- Take photos and videos of the accident scene, vehicle damage, and injuries.
- Collect witness statements and contact information.
- Notify your insurance company, but be cautious when speaking with adjusters.
- Consult a car accident lawyer before accepting a settlement offer or making any statements that could hurt your case.
Contact a Chicago Car Accident Lawyer Today
If you or a loved one was injured in a car accident, don’t wait until it’s too late to take legal action. The sooner you contact a lawyer, the better your chances of securing the compensation you deserve.
At Walner Law, we help Chicago car accident victims navigate the legal process and fight for maximum compensation. Our team is ready to review your case and ensure that all deadlines are met.
Call (312) 410-8496 today for a free consultation with a Chicago car accident lawyer.
