Statute of Limitations in Illinois Trucking Accidents

Once you’ve been involved in a truck accident in the state of Illinois, you’ll have a limited amount of time to assert your legal right to compensation. Most Illinois truck accident lawsuits are subject to 735 ILCS 5/13-202, which imposes a two-year statute of limitations.

Simply put, you’ll usually have until the second anniversary of your truck accident to formally request damages from a trucking service, its insurance company, or another liable party.

There are, however, some situations when a different statute of limitations might apply, or when the statute of limitations might be tolled.

It’s essential to file your truck accident lawsuit on time. If you miss the filing deadline for your specific case, you will give up the right to recover damages for your medical bills, lost wages, property damage, and more difficult-to-value pain and suffering.

When Could the Statute of Limitations For Truck Accident Lawsuits in Illinois Be Different?

There are only a few scenarios that might change the amount of time in which you can initiate a legal claim after a truck accident in the state of Illinois.

You’re Seeking Workers’ Compensation Benefits

If you’re injured in a work-related truck accident, you might qualify for workers’ compensation benefits through your employer. In Illinois, a claim for workers’ compensation must be filed within three years of the date of an employee’s injury or discovery thereof.

You’re Filing a Government Tort Claim

The government – including the agencies at the local, county, and state level – is typically immune from civil tort actions. There are exceptions when government negligence contributes to or causes an avoidable accident, injury, or death.

However, government tort claims are subject to different rules and regulations – including a different statute of limitations. You must provide notice of your claim to the Attorney General and Court of Claims within one year of the date of your truck accident. Then, you’ll have two years in which to file a civil claim for damages.

A Child Was Injured in an Illinois Truck Accident

There are certain times when the statute of limitations can be tolled, including times when a truck accident victim is a child. Under Illinois law, the child has until their 20th birthday to bring a claim for damages as long as another legal claim hasn’t been filed on their behalf.

The Truck Accident Results in Wrongful Death

A two-year statute of limitations also applies when a truck accident is fatal, but the filing deadline is two years from the date of the victim’s wrongful death. In the event that a truck accident victim survives their injuries for some time, the statute of limitations would begin to run after the date of the crash.

Protect Your Rights By Hiring an Experienced Illinois Truck Accident Lawyer

Two years can pass by before you know it after a truck accident in Illinois, especially if you’ve suffered catastrophic injuries. You can’t risk allowing the statute of limitations to expire. Plus, the sooner you put a plan into motion to get compensation, the more likely it is that you’ll maximize your recovery.

Don’t hesitate to call Taxman, Pollock, Murray & Bekkerman, LLC for help right away. Our Illinois truck accident lawyers in Chicago are award-winning civil trial attorneys who’ve helped clients win over $750 million in monetary awards. We can be your most passionate advocates for justice, too. We offer a free consultation, so contact our Chicago law office today.