The statute of limitations is the time period that the law allows for asserting a claim. If a claim is not brought within the time period allowed by the statute of limitations, it will be barred. This means that even if you have a clear cut case against someone arising out of an automobile accident, the court will dismiss your claim if you do not file it within the time period allowed by the statute of limitations. Once a claim is barred by the statute of limitations, there is no chance of resurrecting it.
Not knowing the specific time period in which to bring a claim is not an excuse.
Statutes of Limitations - Illinois
| Type of cause of
action |
Time in which lawsuit
must be filed from the date of the accident |
| Personal injury (generally) |
2 years |
| Personal injury to minors |
The statute of limitations begins to
run on the minor's 18th birthday; then apply the Statute of
Limitations for the type of claim involved. |
Statute of Limitations questions can many times be complicated. Therefore, these guidelines are not a substitute for legal research or a legal opinion. We recommend that you have any specific Statute of Limitations question carefully reviewed by an experienced personal injury attorney.
If you or someone you care for has sustained a broken bone/fracture injury as a result of a car accident, call anytime 800-437-2571 for a free, no obligation confidential evaluation of your claim by an experienced attorney in your area, or use our convenient Free Case Evaluation submission form.