What is the Illinois Statute of Limitation to file a claim to recover for personal injuries in an Chicago automobile accident?
Automobile accidents are often traumatic events. If you or a loved one has been injured in an Chicago automobile accident, you probably have many questions about obtaining the medical care you need, paying for your medical expenses and property damage, and the wages you might lose from being off of work.
Most auto accidents are caused by automobile negligence. To that end, the person responsible for the accident is the one who committed the negligence. In most auto-accident cases, claims can be brought against both the owner of the at-fault vehicle and the at-fault driver. In most cases, the driver of a vehicle also owns a vehicle.
Illinois is a pure tort state, meaning that in order to collect monetary damages for your automobile accident, you must prove that the other driver was liable for causing your injuries. If you can establish liability, you are entitled to recover for your losses from the at-fault driver’s insurer, up to the policy limits of that driver’s insurance plan. In some cases, such as when your own insurance plan includes an underinsured or uninsured policy, you may also be entitled to collect damages from your own insurer.
In order to have the ability to recover for your losses resulting from the Chicago automobile accident you must bring your claim within the applicable statute of limitations. The statute of limitations in Illinois to recover damages for personal injuries suffered in an Chicago automobile accident is 2 years from the date of the accident which cause the personal injury. If however the vehicle which caused the injury is owned by a governmental agency, the statute of limitations is reduced to one (1) year from the date of the accident. If a governmental agency is being named as a Defendant, there are a number of additional notice requirements which must be complied with. Because of these reduced time limits, it is important to contact an attorney immediately, to preserve your claim.
Call The Law Offices of Attorney Dan Newlin at (312) 888-8000: When you are involved in an automobile accident, you have just involuntarily thrust yourself into a complex legal web. Your accident and subsequent injuries may be subject to several laws and provisions. We are always available to discuss and explain in detail all aspects of your potential claim. Advice is free and we are here to ensure that you are well informed about your rights and your options.