Illinois Time Limits on Filing Motor Vehicle Accident Claims

In Illinois, there is a limited amount of time for individuals who have been harmed in motor vehicle accidents to file a legal claim for their injuries. This is called the statute of limitations. It is not uncommon for individuals who have viable cases to miss out on their day in court because they were unaware of the applicable statute of limitations for their claim.The general statute of limitations for filing claims related to car accidents is two years. However, the time in which a claim must be filed may be more or less than two years, depending on the circumstances of the accident. It is important to consult an attorney as soon as possible following an accident to determine the amount of time you may have to seek redress for your injuries and losses.When a Minor is InjuredIf a minor is injured in a motor vehicle accident and wishes to bring a claim for recovery, the two year statute of limitations does not begin running until the child turns 18. The child then has two years from his or her 18th birthday to file a legal claim.Property Damage ClaimsThose who did not suffer any personal injury in a motor vehicle accident, but still have out-of-pocket losses from repairing their vehicle or replacing other personal property destroyed in the accident have the right to bring a claim for their property damage. In Illinois, individuals have up to five years to bring a claim for recovery of property damage.Product Liability ClaimsSometimes motor vehicle accidents are caused by a defect in the car, such as a defective tire which suddenly blows out, causing the driver to lose control of his or her vehicle. In other cases, the driver or passengers suffer greater injuries in an accident because of a defect in the automobile. For example, a passenger may suffer greater injuries in an accident because an airbag failed to deploy or a seatbeltfailed to engage.In these types of cases, the injured person generally has two years from the date of injury to file a products liability claim against the car manufacturer, seller or others in the chain of distribution; however, the age of the vehicle and the party from which recovery is sought may shorten the two-year period in which the claim must be filed or bar the claim altogether:    * If the products liability claim is pursued against the seller of the vehicle, the claim must be filed within 12 years from the date of the first sale, lease or delivery of possession of the vehicle by the seller    * If the claim is against someone other than the seller, the claim must be filed within 10 years from the date of the first sale, lease or delivery of possession of the vehicle to its initial user, consumer or other non-sellerWrongful Death ClaimsIn a wrongful death claim you generally have two years from the date of death to file suit, but if the death is caused by a motor vehicle accident, suit should be filed within two years of the date of the accident to preserve all claims.Claims against State and Local Government EntitiesPrivate citizens who have been injured in motor vehicle accidents caused by state or local government employees have a limited amount of time to seek recovery for their injuries.In general, for state agencies and employees, the statute of limitations for filing claims for injury is still two years, but notice must be filed within one year of the accident with the state Attorney General and Court of Claims in order to preserve the right to file the suit. This would include accidents caused by state emergency services, like the police, and state transportation services, like the METRA.In general, the statute of limitations for filing claims against local government entities and employees is one year. This would include claims against local sanitation departments, city police, firefighters and ambulances and city buses and other public transportation. Depending on whom the claim is against, it also may be necessary to file notice within a shorter time frame to preserve the claim.Claims against local and state government agencies also may require a higher standard of proof than for claims against other citizens or private businesses and organizations. Additionally, a person may not be able to bring a claim against a local or state emergency services vehicle that hit them if the vehicle was responding to an emergency situation.Lastly, some government agencies require that a person injured in a car accident with one of their employees first file an administrative claim before seeking legal redress in the court system for their injuries. The amount of time to file the administrative claim varies between 30 and 180 days.Protect Your Legal RightsIf you have been involved in a motor vehicle accident, you have the right to recover compensation for your injuries, including for yourmedicalexpenses, lost wages and pain and suffering. You generally have two years from the date of your accident to bring a legal claim, but in some cases, you have much less time.To preserve your legal rights, contact an experienced attorney today. The attorney can review your claim and determine the appropriate statute of limitations for your case.