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Statue of Limitations on Car Accidents in Illinois

 Posted on September 26, 2019 in Car Accidents

When you get into a car accident in Illinois, the aftermath can be confusing, especially if you are dealing with injuries. One of the most important things you need to be aware of is the statute of limitations placed on car accident cases in the state.

Statutes of limitations outline time frames in which a person has to file a claim for damages or injuries after an incident. These limits are strict, and claims filed after the time frame has passed are almost always dismissed.

For most car accident cases in Illinois, actions for damages or injuries must be started within two years from the date the accident occurred.

If a person was killed in a car accident, a wrongful death claim must be filed within two years from the time of the crash or within one year of a person’s death, whichever date is later.

For cases in which the claims are for vehicle damage only, you have five years to make a claim in court.

This is not the same as an insurance claim time frame

Any insurance company, whether yours or another driver’s, will require you to make a claim or give them notice of an incident in a certain amount of time. You need to check with your insurer to fully understand the time limits they have in place. Generally, insurers require accidents to be reported promptly or within a reasonable amount of time. This can range from a few days to a few weeks.

How common are car accidents in Illinois?

Car accidents are not uncommon on our roadways. When we turn to the Illinois Department of Transportation statistics, we can see that there were 311,679 total motor vehicle crashes across the state during the latest reporting year. Out of those incidents, there were:

  • 66,889 total injury crashes
  • 998 fatal crashes

What are the most common injuries from car accidents?

Car accident injuries vary widely. Even though many car accident injuries are minor, it should be noted that even minor injuries can lead to major medical expenses. Serious injuries can lead to expenses that reach into the hundreds of thousands of dollars. It is not uncommon for us to see the following after an Illinois car accident:

What kind of compensation is available for a car accident?

There are various types of compensation available to a person in the aftermath of a car accident that was caused by another person’s negligence. This can include both economic and non-economic damages such as the following:

  • Coverage of medical expenses related to the crash
  • Recovery of lost wages if you are unable to work
  • Pain and suffering damages
  • Loss of enjoyment of life damages
  • Property damage expenses to repair or replace your vehicle
  • Punitive damages against the negligent party

It can be difficult to receive the compensation you truly deserve in the aftermath of a car crash. Insurance companies will do what they can to lower the amount they pay in an eventual settlement. It may be necessary to file a personal injury lawsuit against the negligent party or their insurance carrier to receive compensation that will cover all of your expenses.

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