How Long After a Truck Accident Can I File a Claim in Chicago?

Wednesday, August 23, 2023

How Long After a Truck Accident Can I File a Claim in Chicago?

Written by Malman Law, reviewed by Steve J. Malman.

Certainly, navigating the aftermath of a truck accident can be overwhelming, and knowing the timeframes is crucial to ensure your rights are preserved. Having experienced the intricacies of Chicago’s legal framework firsthand, Our truck accident lawyers at Malman Law can provide some guidance on this matter.

In Chicago, the statute of limitations for personal injury claims following a truck accident is typically two years from the date of the accident. This means you have a two-year window to initiate a lawsuit against the responsible parties. If the claim is not filed within this period, you risk forfeiting your right to seek compensation altogether.

However, there are some nuances to consider:

1. Property Damage: If you’re seeking compensation specifically for damage to your property, such as your vehicle, you have a slightly longer window. In Illinois, the statute of limitations for property damage claims is five years from the date of the accident.
2. Claims Against Government Entities: Suppose the party responsible for the accident is a government entity, for example, a city-owned truck. In that case, the timeframe for filing a claim can be much shorter, often within months. It’s imperative to act quickly and consult an attorney familiar with claims against governmental bodies.
3. Special Circumstances: There are situations where the statute of limitations might be “tolled” or paused. For instance, if the injured party was a minor at the time of the accident or if the injury wasn’t immediately discoverable, the clock might start ticking from the date the injury is discovered or when the minor reaches the age of majority.

While these are general guidelines, every truck accident is unique. The complexities surrounding the incident, the potential parties involved, and the nature of your injuries can all influence the best course of action. Given the stakes and the limited time you have, my sincere advice is to consult with a  Chicago truck accident lawyer as soon as you can. They can provide clarity tailored to your specific circumstances and help ensure that your rights are protected.

Remember, time is of the essence. While it’s crucial to focus on healing and recovery, ensuring you don’t miss these critical legal deadlines is essential for your future well-being and potential compensation.