Statute of Limitations in Car Accident Cases

Filing an Injury Claim Within the Statute of Limitations in Car Accident Cases

As a harsh time limit for filing a case, the statute of limitations requires that after an accident, victims file their legal claims within a specific time period. The statute of limitations is a procedural rule that governs personal injury claims. While the statute of limitations is two years for personal injury claims, Illinois law provides five years for property damage lawsuits. Accidents that involve a municipal defendant and accidents involving injured minors can alter the timeline involved in personal injury litigation.

For victims seeking to file a legal claim for damages following a car accident, the statute of limitations begins to run from the date of the crash. When an injured individual files a claim for personal injury more than two years from this date, their claim will be time-barred. In theory, the law encourages injured victims to pursue their cases with reasonable diligence. Claims filed more than two years after the accident may not have preserved evidence, and litigating the case may not be fair to defendants.

Personal injury claims provide a method for individuals injured in a car accident to pursue compensation from at-fault drivers. By filing a claim for damages, a victim serves as a plaintiff in a lawsuit intended to compensate them for their harm. When another driver is negligent and their conduct leads to an accident and damages, the victim must file a claim within two years from the accident to recover compensation for their injuries, and five years to recover for their property damages. A seasoned injury lawyer can help you identify and track all relevant statutes of limitations in your car accident case.

Negligence Claims

Legal claims after a car accident may proceed under different theories of law. Negligence takes place when a driver causes injuries due to their failure to exhibit reasonable care while operating their vehicle. Legally, the standard for reasonable care is the level of care that a reasonable person would use under similar circumstances.

In a legal claim for damages based on negligence, all elements of this claim must be demonstrated to successfully recover damages. First, the defendant must have had owed a duty to the plaintiff. Next, the plaintiff shows that the defendant violated this duty, and this violation directly and proximately caused the accident. Finally, the plaintiff must have suffered injuries from the collision.

A car accident victim that successfully proves liability may be entitled to damages for their economic and non-economic losses. These include missed work wages due to injuries, medical bills, and property damage. Economic harm is less challenging to quantify, while non-economic harm includes the emotional impact that accompanies a car accident. Victims who face ongoing debilitating injuries may also experience a decreased quality of life, which is difficult to quantify. The nature and the extent of a crash damages will affect the amount of compensation a plaintiff will be entitled to receive.

Consult a Car Accident Lawyer in Schaumburg or Wheaton

At Therman Law Offices, our dedicated vehicle collision attorneys hold drivers accountable for their careless conduct by asserting victims’ rights, which includes closely monitoring any applicable statutes of limitations in their car accident cases. Our years of experience help us anticipate potential challenges to clients’ claims for compensation and we efficiently and effectively work on behalf of people throughout Schaumburg and Wheaton, as well as Bartlett, Hanover Park, Hoffman Estates, Elgin, Streamwood, Wood Dale, Bensenville, and Hanover Park as well as Carol Stream, Bloomingdale, Roselle, and Glendale Heights. We are available to help you understand how to proceed with your legal claim. Call 312-588-1900 or contact us online to learn more.