In Illinois, you generally have two years from the date of your car accident to file a lawsuit. This deadline, known as the statute of limitations, applies to most personal injury claims arising from vehicle collisions. Miss this window and you lose your right to pursue compensation through the courts, regardless of how serious your injuries are or how clearly the other driver was at fault. A Chicago car accident lawyer can help you understand exactly when your deadline falls and take action before time runs out.
What Is the Statute of Limitations for Car Accidents in Illinois?
Illinois law sets a two-year filing deadline for personal injury claims, including those from car accidents. The clock typically starts running on the date of the collision. If you were hurt on January 15, 2024, you would have until January 15, 2026, to file your lawsuit.
This deadline applies to claims for medical bills, lost wages, pain and suffering, and other damages caused by the crash. It also applies to property damage claims, though Illinois allows a separate five-year window for property-only lawsuits.
Are There Exceptions to the Two-Year Deadline?
Yes, certain circumstances can extend or pause the statute of limitations:
- Minors: If the injured person was under 18 at the time of the accident, the two-year clock does not start until they turn 18.
- Legal disability: Individuals who lack the mental capacity to manage their affairs may have the deadline tolled until that disability is removed.
- Discovery rule: In rare cases where an injury was not immediately apparent, the deadline may begin when the injury was discovered or reasonably should have been discovered. Courts apply this exception narrowly.
These exceptions exist to protect vulnerable individuals, but they require specific circumstances to apply. You should never assume an exception applies without consulting an attorney.
What If a Government Vehicle Caused My Accident?
Claims against government entities follow different and shorter deadlines. If a city bus, police car, or other government vehicle caused your crash, you face stricter requirements:
- City or county claims: One year from the accident date to file the lawsuit. No separate notice requirement exists.
- State claims: One year to file notice with the Attorney General and Court of Claims clerk, or one year to file the lawsuit directly. If notice is filed within one year, you have two years total from the accident date to file your lawsuit.
Government claims also involve specific notice requirements and procedures. Failing to follow them exactly can bar your case before it ever reaches a courtroom.
Why Filing Early Matters for Your Case
Beyond meeting the legal deadline, filing sooner rather than later strengthens your claim. Evidence gets lost, witnesses forget details, and surveillance footage gets erased. The other driver’s insurance company begins building its defense the moment the accident happens. You benefit from doing the same.
Early action also gives your attorney time to investigate thoroughly, negotiate with insurers, and prepare for trial if necessary. Waiting until the last minute leaves no room for thorough case development.
Does Shared Fault Affect My Deadline?
Illinois follows a modified comparative negligence rule. You can still recover compensation even if you were partially at fault, as long as your share of fault is 50 percent or less. Your award gets reduced by your percentage of responsibility.
This rule does not change your filing deadline. Whether you were 0 percent at fault or 49 percent at fault, you still have two years from the accident date to file your lawsuit.
Protect Your Right to Compensation Today
Do not let the clock run out on your car accident claim. Davis Law Firm has recovered millions for injured clients throughout Chicago. With 90 years of combined legal experience, our attorneys know how to move cases forward and meet critical deadlines. We offer free consultations and never charge a fee unless we win your case. Contact Your Chicago Lawyer at 312.444.4444 today.