How Long Do You Have to File a Car Accident Claim?

If you have been in a car accident, and you are dealing with medical appointments and bills piling up, filing a lawsuit might be the last thing on your mind. Delays in filing a lawsuit, however, can possibly cost you your ability to recover damages. This is because each state has deadlines, known as statutes of limitations, for how long you have to take legal action. Additionally, delays in filing a claim can hurt your case, even if you are within the statute of limitations, if you miss out on gathering crucial evidence. This is what you need to know about filing a claim on time, ensuring you don’t miss your chance to seek the recovery you deserve.

Taking Legal Action

You may want to pursue legal action after a car accident, especially if there are injuries, significant property damage, or disputes over liability. Legal action can help ensure that you receive fair compensation for medical expenses, lost wages, and pain and suffering resulting from the accident. Insurance companies may not always offer a fair settlement, especially if they are trying to minimize their payouts. Legal action allows you to challenge unfair offers and pursue the full compensation you deserve.

It is advisable to contact an experienced car accident attorney as soon as possible after the car accident. However, some people may be on the fence about whether they need to file a lawsuit or want to. While this decision may be tough, you should contact a personal injury attorney as close to the accident as possible. This is because they can help you gather medical records, witness testimony, and other evidence to build a strong case for damages. Additionally, your attorney might be able to help you get a settlement so that you can avoid going to court. In the event that you need to go to court, your attorney will represent you and protect your interests.

Statute of Limitations 

The statute of limitations is a law that sets the maximum time period within which a person can file a lawsuit after an event, such as an accident or injury. The statute of limitations exists to ensure legal claims are made within a reasonable time frame, promoting fairness by preventing the filing of stale claims where evidence may be lost and memories fade. In personal injury cases, including car accidents, the statute of limitations in most states ranges from 1 to 6 years, depending on the type of case and the jurisdiction. If the time period expires, the victim may lose their right to pursue legal action, regardless of the merits of the case. 

In Illinois, those with bodily injury claims have within two years from the date of the accident to file a lawsuit. However, if you were under age 18 when the accident occurred, then you have two years from the date of your 18th birthday to file. Property damage claims have a longer statute of limitations. Regardless of your age when the accident happened, you have five years from the date of the accident to file.

Exceptions to Statute of Limitations 

If you did not file within the statute of limitations, it is possible, under certain circumstances, to still file the case. “Tolling” the statute of limitations means temporarily pausing or delaying the time period within which a lawsuit must be filed. However, this cannot be for reasons such as forgetting or it being an inconvenient time for you. One thing that tolls the statute of limitations, as mentioned above, is if you were a minor at the time of the accident. The statute of limitations can also be paused if you were mentally disabled at the time of the accident or injury. In this case, the clock won’t start until the disability is lifted, after which you’ll have two years to file your lawsuit. Similarly, if you become mentally disabled after the accident but before the two-year deadline ends, the time limit is paused until the disability is removed. Additionally, the statute of limitations is paused if the defendant leaves the state or cannot be found.

Waiting Until The End of the Statute of Limitations Is a Bad Idea 

Waiting until the end of the statute of limitations to file a legal claim is generally a bad idea. First, it puts you at risk of missing the deadline entirely, especially if you face unforeseen delays in gathering evidence or documentation. Many cases require time for investigation, expert consultations, and negotiation with insurance companies, and waiting too long may not leave you enough time to complete these steps properly.

Additionally, as time passes, evidence may deteriorate or become harder to obtain. Witnesses may forget key details or be unavailable, and physical evidence may be lost or damaged. Delaying your claim can also harm your chances of securing a fair settlement, as defendants may argue that the delay weakens your case or implies that the injuries or damages were not as serious as claimed. Filing early allows for a thorough investigation and maximizes your chances of a favorable outcome.

Consult With Peoria Car Accident Lawyer

It is very important to talk to an attorney as soon as possible after a car accident to protect your rights and improve your chances of getting fair compensation. If you are debating whether your injuries are severe enough to hire a personal injury lawyer, it is best to do this sooner rather than later, ideally after consulting with a car accident attorney. A car accident lawyer can make sure your claim is filed within the statute of limitations so you don’t miss out on the chance to get the compensation you deserve. Waiting too long could mean losing that opportunity. Plus, meeting with an attorney early on helps them gather evidence, talk to witnesses, and build a strong case while everything is still fresh in everyone’s minds. Don’t delay–contact an experienced Peoria car accident lawyer today.