How Long After a Car Accident Can You Claim Injury?

At our Chicago-based car accident law firm, we understand that a car accident can change everything in an instant. From mounting medical bills to missed work and ongoing pain, accident victims often face challenges that go far beyond the initial crash. If you’re asking, “How long after a car accident can you claim injury?”, the answer depends on multiple factors.

We’re here to help car accident victims across Illinois understand their legal rights and navigate the legal process from beginning to end. Whether you’re dealing with serious injuries, property damage, or complications with insurance companies, you don’t have to go through this alone.

What Is the Statute of Limitations for Car Accident Claims in Illinois?

Under Illinois law, the general statute of limitations for personal injury claims arising from a car accident is two years from the crash. This two-year statute is defined under 735 ILCS 5/13-202, and it applies to most car accident cases involving personal injury or a wrongful death claim.

That means you typically have up to two years to file a personal injury lawsuit in civil court. If the statute of limitations expires, you may lose your right to recover compensation, regardless of how severe the injuries sustained were.

When a car accident results in property damage, Illinois gives you up to five years to file a lawsuit under 735 ILCS 5/13-205. So if your claim is limited to property damage—like repairing or replacing a vehicle—you have a longer time limit. Still, it’s best to act quickly, as insurance companies may require earlier notice.

If the car collision involved a government vehicle, a different time limit may apply. Illinois’ Court of Claims Act often shortens the deadline to just one year for claims against public entities. You may also be required to provide special notice within a certain period. These rules are strict and often misunderstood, which is why having an experienced personal injury attorney matters.

Are There Exceptions to the Two-Year Time Limit?

Yes. Illinois recognizes certain circumstances that may extend the filing deadline, including:

• If the injured party was a minor at the time of the car accident
• If the person was mentally incapacitated
• If the at-fault party that caused the accident leaves Illinois

What Is the Discovery Rule in the Illinois Statute of Limitations?

The discovery rule can extend the deadline to file if your injuries weren’t immediately apparent. In some car accident claims, the injured party might not realize they’re hurt until weeks later. This rule delays the start of the statute of limitations until the injury is discovered or reasonably should have been.

While this can be a useful exception, it’s still best not to rely on it. Courts are strict about defining what’s “reasonable,” and you’ll need strong medical records, witness statements, and expert testimony to support your claim.

How Do Insurance Companies Handle Personal Injury Claims?

Insurance companies will often encourage early settlement, sometimes before the full extent of your injuries is known. While it may seem like a fair settlement, accepting too early can prevent you from receiving the full financial recovery you deserve.

If the insurance company refuses to pay a fair amount or denies your insurance claim, you may need to pursue legal action to get the fair compensation you’re owed.

Are There Insurance Claim Filing Deadlines?

Many insurance companies also set internal deadlines for filing claims, often within days or weeks of the car accident. These aren’t legally binding like the statute of limitations, but failing to notify the insurance carrier promptly can complicate your case.

When to Contact a Chicago Car Accident Lawyer

As soon as possible. Even though you may have up to two years, it’s best to contact a lawyer early in the process. Prompt action allows us to:

• Collect evidence from the accident scene
• Gather witness statements
• Obtain the police report
• Review your medical treatment and medical records
• File your claim correctly and on time

If you wait until the statute of limitations for car accident claims is nearly up, your legal rights may be harder to protect. The sooner we get involved, the more time we have to build a strong car accident case.

Can You File Personal Injury Lawsuits After the Time Limit Has Passed?

In most cases, no. Once the statute of limitations expires, you generally cannot bring a car accident lawsuit to court. Even if you have documentation of lost wages, extensive medical expenses, or long-term injuries, the court is likely to dismiss your case if it’s filed late.

There are very few exceptions, and these are limited to situations like fraud, identity concealment, or discovery of new evidence. But for the average car accident victim, waiting too long can mean giving up their right to recover compensation.

Can You File a Car Accident Lawsuit if the Driver Was Uninsured or Left the Scene?

In a hit-and-run accident or a case involving an uninsured driver, the process becomes more complex, but you can still file a personal injury claim through your own insurance carrier. Uninsured motorist coverage is required in Illinois, and your insurer may be required to step in.

You still need to file within the two-year limit, and it’s critical to consult with a Chicago car accident attorney who can help you navigate this process.

What Types of Damages Can You Recover?

If you’re filing a car accident claim, you may be able to recover compensation for:

• Medical expenses (past and future)
• Lost wages and reduced earning ability
• Pain and suffering
• Emotional distress
• Property damage
• Expenses related to rehabilitation or therapy

In fatal car accident cases, surviving family members may file a wrongful death lawsuit, both of which follow their own specific rules under Illinois law.

What Should You Do Right After a Car Accident?

Your immediate steps can shape the entire outcome of your car accident lawsuit or claim. Here’s what we recommend:

• Call 911 and request an accident report
• Get medical attention, even if you feel okay
• Document the accident scene with photos or video
• Collect contact info from witnesses
• Notify your insurance company
• Schedule a free consultation with one of our car accident lawyers

How We Can Help You Recover Maximum Compensation

We’ve handled countless car accident claims across Illinois and know what it takes to succeed in negotiations or in court. If you’ve been involved in a car accident, don’t wait until the applicable statute of limitations expires.

With over $450 million recovered, our award-winning Chicago traffic accident lawyers have delivered results for more than 5,000 injured clients. We’re recognized by national organizations such as:

• Million Dollar Advocates Forum
• Super Lawyers
• Illinois Trial Lawyers Association
• American Association for Justice
• AVVO
• The Better Business Bureau
• The National Law Review

Here are just a few examples of results we’ve secured for our clients:

• $4,000,000 for a wrongful death claim involving a work-related trip
• $3,200,000 for a pedestrian struck in a crosswalk
• $2,000,000 settlement for a rollover collision
• $1,600,000 in a rear-end collision involving lumbar disc fusion
• $449,000 for a woman who hit her head on the windshield
• $350,000 for a fractured leg from a left-turn taxi crash
• $250,000 for an accident involving a hit-and-run driver

Whether you’re dealing with property damage claims, battling an insurance company that refuses to pay, or exploring a product liability claim, our firm will fight to protect your future.

Explore Your Legal Rights to Seek Compensation

Illinois’ two year statute of limitations for car accidents sets a firm deadline on when you can take legal action. While there are exceptions under the discovery rule or for minors and special cases, waiting too long can severely limit your ability to seek compensation.

If you’ve been injured in a car accident, don’t risk missing your chance at financial recovery. Reach out to a trusted Chicago car accident lawyer today for a free consultation. We’re here to help you claim what’s fair and move forward.