Legal Question in Personal Injury in Illinois

How long after an auto accident do you have to make a claim?


Asked on 11/11/09, 4:18 pm

4 Answers from Attorneys

Sal Sheikh www.BetterCallSal.com

Generally it is 2 years from the date of accident for a Personal Injury claim.

There are other mitigating factors, such as the persons age if they are a minor.

If you nee to talk with an attorney give me a call at 312-532-8554 or email me at [email protected].

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Answered on 11/16/09, 4:24 pm
Matthew Willens Willens Law Offices, P.C.

A lawsuit must generally be filed within 2 years from the date of an auto accident though shorter or longer may apply. In most cases, someone injured as a result of another's negligence, is better off hiring an attorney right away to get guidance on how to proceed in a way that will maximize tha value of the claim.

If you wish to discuss this matter further, please do not hesitate to call me directly at 312-957-4165.

Matt Willens

Willens Law Offices, P.C.

www.willenslaw.com

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Answered on 11/16/09, 4:54 pm

Thank you for your question. Generally, it is two years. However, it can be longer if the injured person is a minor, and shorter if it involves a governmental agency. If this happened recently and your injuries are significant, you should contact an attorney as soon as possible. Pictures need to be taken and statements obtained if there were witnesses. The longer the delay, the more likely things will change and witnesses may move.

Good luck.

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Answered on 11/16/09, 8:31 pm

You presumably mean a claim for injuries suffered in the collision, correct -- not simply damage to your vehicle? In Illinois the statute of limitations is in most cases of such injuries two years. If you fail to act, you are forever time barred from bringing suit. Likewise, it's best to act as soon after the collision as possible -- important physical evidence at the scene can be lost if action is not taken quickly. Likewise, its best to take action when a person's injuries are fresh and more easily discernable. And, frankly, you don't want to back yourself into a time crunch trying to find a lawyer at the last minute just before the statute of limitation expires.

If you need any assistance, don't hesitate to call for more information.

--Paul Fine,

The Law Office of Paul R. Fine, P.C.

(773) 968-6359

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Answered on 11/16/09, 11:01 pm


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