Illinois sets time limits for injury lawsuits, and those limits may close sooner than you expect. Missing a deadline could limit your ability to pursue a claim. Knowing which deadline applies to your situation may help you avoid losing that right.
How long do you have to file in Illinois?
Illinois generally gives you two years to file a personal injury lawsuit. That window typically opens on the date the right to sue arises, which in most car accident cases is the day of the crash. Property damage claims, such as vehicle repairs, generally fall under a five-year limit.
When a crash results in a death, the Wrongful Death Act typically sets a two-year deadline running from the date of death. For injured minors, the law may allow extra time, with the filing window generally beginning on their 18th birthday rather than the date of the crash.
Deadlines for government claims and insurance policies
A lawsuit against a local public entity or its employee generally needs to start within one year of the injury. Some specific government bodies may also impose a notice requirement before a lawsuit can proceed, so confirming the rules for the particular entity involved is important. Claims against the Chicago Transit Authority, for example, require a six-month written notice period in addition to the one-year filing deadline.
Insurance policies may add their own deadlines. Hit-and-run claims under uninsured motorist coverage often carry a police reporting window written directly into the policy. That window can be as short as 24 to 72 hours from the crash. Policy terms on this point differ by insurer, so reading yours carefully is the best way to confirm what applies.
What happens if you miss the deadline?
A court may dismiss a lawsuit filed after the deadline. That dismissal could limit your ability to seek compensation through a lawsuit for that injury. Some exceptions may extend a deadline, including rules for minors and, in some cases, situations where an injury was not immediately apparent. Whether an exception applies depends on the specific facts of the situation, and those facts are worth reviewing early.
Key takeaways on Illinois filing deadlines
Illinois deadlines for car accident claims vary depending on the type of claim, the parties involved and your insurance policy. Some deadlines arrive within months of the crash, while others allow years. If you are unsure which deadline applies, identifying it early leaves the most room to prepare your claim.