How Long Do You Have To File a Personal Injury Claim in IL?

 Posted on August 01, 2024 in Personal Injury

Did you know there is a time limit for filing a compensation claim after an injury accident caused by someone else? Called a statute of limitations, this deadline is an important part of your personal injury claim. If you miss it, you will likely lose your opportunity to receive compensation.

Many people do not have the necessary legal knowledge or resources to effectively handle their personal injury claims alone, so they turn to an experienced Chicago, IL lawyer from Winters Salzetta O'Brien & Richardson, LLC for assistance. Because of the filing deadlines, it is best to contact us as soon as possible after your accident so we have enough time to build a solid case.

What Is the Illinois Statute of Limitations for Personal Injury Lawsuits?

In most cases in Illinois, you have two years from the date of your injury to file a civil personal injury lawsuit. As with most laws, there are exceptions to this two-year deadline. For instance, if the injured person does not discover their injury until a later date, the clock starts ticking on the date of discovery. If a government agency is an at-fault party, you only have one year to file a lawsuit. Other exceptions may apply to your case, and your timeframe depends on specific circumstances. Request your free consultation with Winters Salzetta O'Brien & Richardson, LLC to ensure that you do not miss your filing deadline.

Is Filing an Insurance Claim the Same as Filing a Lawsuit?

Most personal injury claims start as an insurance claim. You will file this claim with the insurance company of the at-fault party responsible for causing your injury. This is not the same as filing a lawsuit. The two-year statute of limitations applies to lawsuits, not insurance claims.

Your Winters Salzetta O'Brien & Richardson, LLC legal team can likely negotiate with these insurers to help you obtain compensation without needing to take your case to trial. However, insurance companies do not always cooperate. If they do not offer a reasonable settlement amount, it may be necessary to file a civil lawsuit. This is where the applicable statute of limitations comes into play.

Why Should You Contact Winters Salzetta O'Brien & Richardson, LLC As Soon As Possible?

The insurance claims process takes time. Before filing a lawsuit, your attorney needs to:

• Investigate your accident

• Gather evidence that supports your claim

• Determine the identity of all at-fault parties

• File insurance claims on your behalf

• Negotiate with insurers to reach an acceptable settlement offer

If you wait until just before the statute of limitations expires, your lawyer may not have enough time to take all of these steps. There are also other reasons for not waiting to contact Winters Salzetta O'Brien & Richardson, LLC.

Supporting evidence often becomes more difficult to find over time. Eyewitnesses may forget vital details and video surveillance footage may be lost. The sooner we get to work, the easier it is to uncover the evidence you need.

Schedule Your Free Consultation With Our Skilled Chicago, IL Personal Injury Lawyers

Details matter in personal injury cases. Winters Salzetta O'Brien & Richardson, LLC wants to preserve your best interests and help you get a favorable amount of compensation, so do not wait too long to get us involved in your case. Call us at 312-236-6324 for your free consultation with our experienced Cook County, IL personal injury attorneys today. We do not charge attorney fees unless we win your case.