Under 735 ILCS 5/13-202 and 740 ILCS 180/2, you generally have two years from the day of the motorcycle accident to file either a personal injury or wrongful death lawsuit. Also, your case’s circumstances could extend or shorten the deadline.
If you’ve been injured in a motorcycle accident, the time to act is now. While two years seems like a lot of time, it passes quickly, and the process can take longer than you think.
How Illinois’ Statute of Limitations Relates to Your Case
Although victims or surviving family members usually have two years to file a lawsuit after a motorcycle accident, there might be exceptions where the state could extend the deadline. This change could happen when:
- The injured party was under 18 when the accident happened.
- The injured party’s condition kept them from taking legal action.
- The liable party left the state where the accident occurred.
The state might shorten the deadline if the at-fault party was a government agency or municipality.
Why Hesitating to Secure Legal Representation Can Weaken Your Case
If you do not file your case in time, the state might bar you from suing the liable party completely—forcing you to pay for your damages on your own. Insurance companies know this, and they use this knowledge to avoid making payments.
Once they are notified of the accident, the adjusters waste no time in getting to work investigating what happened, strategizing ways to deny fault, and building their side of the case.
The longer you spend debating the value of hiring an attorney, the more of a head start you give the other driver and the higher the likelihood of settling for unfairly low compensation.
Other Risks Associated With Delaying Action
As time passes, your ability to provide critical information about the events leading up to the accident and your injuries lessens. Without this information, it becomes harder for your attorney to begin an investigation and prove your case.
Once you submit your claim, the at-fault driver’s insurance will need time to review it and conduct their own investigation before negotiations can begin. By waiting until the last minute, you force this entire process to be rushed and reduce your attorney’s ability to conduct a truly comprehensive investigation—all while the deadline gets closer.
Your Attorney’s Role in Your Motorcycle Accident Case
Your lawyer can assist you following your motorcycle accident with:
- Listening to your account of the accident and its aftermath
- Gathering evidence to support your claim—this evidence often includes photographs and video footage (when available) from the scene, testimonies from witnesses, medical records, and more
- Assessing and documenting physical injuries, medical expenses, and costs associated with prescribed treatment procedures
- Communicating with insurance adjusters, filing paperwork, negotiating for a fair settlement, and litigating your case in front of a judge if an agreement cannot be reached out of court
- Keeping you informed on the status of your case
You deserve compensation for the trauma you’ve experienced. Don’t let details like filing paperwork on time derail you from recovering the compensation you and your family need and deserve.
Potential Compensation
Motorcycle accident victims are legally entitled to seek compensation for their losses so long as they can prove negligence. These damages can include:
- Medical expenses
- Lost wages
- Future lost earning potential
- Pain and suffering
- Impaired quality of life
- Disfigurement and disability
If you lost your loved one in an accident, you could claim damages for:
- Their burial plot
- Cremation
- Funeral and memorial service arrangements
- Their medical bills
- Their pain and suffering
- Loss of consortium
Where to Turn for Legal Assistance
Motorcycle accidents are some of the most traumatic experiences you’ll live through. If you’ve been injured in a motorcycle accident, an attorney with our firm will act as your advocate, fight for your rights, and ensure the other party is held responsible to the fullest extent possible.
Serving clients across Cook, Lake, DuPage, and Kane Counties, The Kryder Law Group, LLC has been fighting for the rights of motorcycle accident victims for years and can win cases when it matters the most.
Our team provides personalized legal counsel and charges you nothing until you win. Fighting for justice starts with understanding your legal rights.
Call the Kryder Law Group, LLC Today
Dial (312) 223-1700 to speak with a member of our team. We will review your case, answer your questions, advise you on your rights, and guide you in moving forward. We offer free, no-obligation consultations to motorcycle accident victims and their families.
(312) 223-1700