This post explains the Illinois statute of limitations that sets the time to file a car crash injury claim. It helps you know when the clock starts in Palos Heights. You will learn the two-year deadline, rules, and steps to take after a crash. The rule applies whether you had a small fender bender.
The Illinois statute of limitations sets a firm end date for legal action. If you miss the deadline, you lose the right to sue. This rule keeps evidence fresh and cases fair for everyone. A clear time limit helps everyone plan, ensures witnesses can still remember what happened, and avoids unfair delays.
The Illinois statute of limitations tells you how long you have to file a personal injury claim after a crash or injury. In most cases, you have two years from the date you got hurt (735 ILCS 5/13-202; Country Preferred Ins. Co. v. Whitehead, 2012 IL 113365). Cases like Illinois C. R. Co. v. Campbell, 170 Ill. 163, and Thomas v. Morgan, 96 Ill. App. 629 explains this two-year rule. You start the time clock when you know you were hurt by someone else.
If you have a car crash injury claim, your two-year period starts on the day of the accident. You must file your case in court before this time is up. Courts have said that even if an injury shows up later, you cannot wait longer (Clay v. Kuhl, 189 Ill. 2d 603). Count every day, even weekends and holidays. If the final day falls on a weekend, you still must file on that day by giving court papers to the correct office.
Some people get extra time:
- Under 18: The two years do not start until the person turns 18, then they get two more years (735 ILCS 5/13-211).
- Legal disability: A person with a legal disability also gets the two-year period after the disability ends (Benton v. Vonnahmen, 288 Ill. App. 3d 199).
The discovery rule can apply to injuries that are not from a sudden crash. If an injury is hidden and you do not know about it right away, the clock starts when you learn about the harm (Dreisilker Electric Motors, Inc. v. Rainbow Electric Co., 203 Ill. App. 3d 304). This does not apply to most car accident claims. You might use it for a bad burn from car parts or a slow chemical leak once you receive a diagnosis.
- Waiting until pain appears before seeking medical care
- Failing to get prompt medical treatment and documentation
- Losing key documents such as crash reports or call logs
- Missing the filing deadline by miscounting days
1. Write down when and where the crash happened
2. Get medical help immediately and keep records
3. Note any signs of injury, even if they show up later
4. Talk to a lawyer before two years have passed
5. Keep all papers and bills in a safe place
Each step strengthens your claim by preserving proof of what happened and why you need compensation.
Count days from the day after the crash using a normal calendar. Holidays and weekends do not pause the clock. If you are unsure about your deadline, consult a lawyer in Cook County: Click here
File in the circuit court of the county where the crash occurred.
- Cook County or Palos Heights crashes go to a Cook County Circuit Court location.
- Fill out the required court forms and pay the filing fee.
- The court clerk will assign a hearing date.
Always check the court’s website for current forms, fees, and clerk contact info.
- How long have you handled car crash injury claims?
- What is your fee structure and payment method?
- What steps will you take to meet the Illinois statute of limitations?
- How will you keep me updated on my claim?
- You have two years to file a car crash injury claim under the Illinois statute of limitations.
- Minors and people with legal disabilities receive extra time.
- Hidden injuries may qualify for the discovery rule, though it rarely applies to car crashes.
- Act quickly in Palos Heights or Cook County to protect your right to sue.
- Consult an attorney well before your deadline.
A car crash injury claim can fail if you miss the statute of limitations. Always contact a lawyer right away to ensure you file on time and follow all rules. Court closures and holidays do not pause the deadline; track your deadline on a reliable calendar or app. Stay aware and be prepared.
If you have questions, reach out to Khatib Law at Click here or call (708) 722-2222. Do not miss your deadline. No obligation, no fees unless you win.
Hani Khatib, Attorney at Law, CPA, LL.M. in Taxation
© Khatib Law LLC. All rights reserved