Car accidents are traumatic events that have the capacity to impact every part of your life. Not only could they cause severe physical injuries, but they may also change your ability to support yourself or enjoy time with your family.
There is no doubt that drivers who cause these accidents are liable for providing compensation to cover your losses. However, you must be sure to follow the applicable laws that govern lawsuits and insurance settlements. Among the most prominent of these is the Elgin car accident statute of limitations. This controls how long you have after a collision to demand compensation from negligent parties and insurance companies. A dedicated car wreck attorney at the Law Offices of R.F. Wittmeyer, Ltd. could work with you to ensure your claim is submitted within the state deadlines.
Illinois’s Statute of Limitations
Every case that goes before a court in Elgin or elsewhere in the state is subject to the statute of limitations. This is a rule that places a strict time limit on lawsuits, and it is the responsibility of injured parties to meet this deadline.
According to 735 Illinois Complied Statutes 5/13-202, the statute of limitations for accidental injury cases such as car crashes is two years. This time limit begins from the day of the collision. It is important to recognize that this is the time limit to bring a case to court. As long as a person has filed a complaint, they have met this standard. Similarly, insurance companies are aware of this rule and will not offer settlement funds to people whose statute of limitations has expired.
Knowledgeable Elgin lawyers at the Law Offices of R.F. Wittmeyer, Ltd. could explain how to file the auto collision claim within the allotted timeframe.
Exceptions to the Statute of Limitations in Elgin
In most situations, the statutory two-year time limit on Elgin car accident cases applies. However, prominent exceptions exist that may allow a person to demand compensation following an injury.
Perhaps the most relevant occurs when the car accident results in criminal prosecution. Certain behavior behind the wheel, such as drunk driving or vehicular assaults, may result in a defendant facing criminal charges. The law recognizes that the outcome of these criminal cases can serve as powerful evidence of fault in civil demands for compensation. As a result, state law says that the statute of limitations changes in these situations.
If the criminal court establishes a criminal victim’s escrow account, people who have claims against the defendant may enjoy an extension to the usual statute of limitations. Here, the two-year time limit begins upon the creation of this account, not the date of the collision. An experienced attorney at the Law Offices of R.F. Wittmeyer, Ltd. could help determine if this exception applies and work towards satisfying the statute of limitations in all Elgin car accident cases.
Get in Touch with an Attorney Regarding Elgin Auto Accident Statute of Limitations
One of the laws that applies to every car crash case is the statute of limitations. This is the time limit that a person must meet following a collision to bring a case to court. Under state law, this time limit is two years.
While it is easy to assume that this only applies to cases that go to trial, the fact is that insurance companies can use this law as a shield. If they see that the statute of limitations has expired, they will refuse to offer settlement funds. Reach out to an attorney at the Law Offices of R.F. Wittmeyer, Ltd. today to learn more about Elgin car accident statute of limitations.