A personal injury claim in Chicago is limited to two years from the date of injury. So, you have two years from the accident date to file a claim. Otherwise, you lose the right to compensation. In this article, Cushing Law – Chicago Injury Lawyers, explain how the statute of limitations affects your rights as an injured person and what steps you should take if the time limit has passed.
Types of Injury Claims in Chicago
Personal injury claims in Chicago can take many forms. For example, vehicle accidents, medical malpractice, or injuries sustained on construction sites may all have different statutes of limitations. But it is required that you sue within two years of the date your treatment ended. However, this period can vary widely depending on the facts and the specific treatment.
It is possible for criminal cases to result in personal injury claims, but you must be careful not to confuse the two, since they have different statutes of limitations. If a criminal case leads to an injury claim, such as battery or negligence during police arrest procedures, you will need to sue within three years.
To determine which personal injury claim is best suited to your situation, it is crucial that you consult with a Chicago attorney. They can answer questions you may have about filing deadlines and explain the statute of limitations.
When Is it Possible to Extend Filing Deadlines?
Your case may still be heard by a judge even if you cannot file within the statute of limitations. To do this, you need an experienced Chicago personal injury lawyer who will petition for equitable tolling. If there is a delay in filing or some other circumstance outside of your control, the court may grant you an extension after the statutory period has expired.
The law regarding equitable tolling varies from state to state. It also requires showing good cause for why you could not present your case in a timely manner before the statute of limitations expired.
As an example, if you were injured and did not receive medical treatment for several years due to lack of insurance or inability to pay your bills, this may qualify as a good reason to extend the deadline.
A court will consider how much time has passed since the injury occurred, how severe the injury is, and whether you made any attempts to file a claim during that time.
Accounting for the Impact of Your Personal Injury Claim
If your claim is successful, the damages will be determined by how much harm you suffered. The court may consider lost wages, medical bills, and other factors that go into an accurate assessment of pain and suffering.
Even if it appears there is no reason to file for personal injury compensation after two years of receiving no medical treatment, it is important to remember that the statute of limitations does not mean you will never receive a claim. The law can help people who have been wronged and allow them to seek justice after waiting three full years from the time their injury occurred.
How Long Does It Take to Settle a Car Accident in Chicago?
In Chicago, the time it takes to settle a car accident can vary greatly. It depends on the severity of the injuries, the number of people involved, and whether liability is contested. Usually, if there is no dispute about who was at fault and the injuries are relatively minor, the case can be resolved within six months.
You may have to wait up to three years to settle your case if the injuries are severe or there is a dispute about who caused the accident. As you wait out these deadlines, it is crucial that you hire a lawyer early on to ensure all of your rights are protected.
Is a Lawsuit Always Necessary?
Many people who are injured in car accidents or other types of personal injury cases choose to file lawsuits. However, there is no requirement that you must go through the legal system after suffering an injury.
Some people choose to avoid the stress of litigation over minor injuries, even if someone else was clearly at fault for causing them. So, if your injuries will not negatively affect your quality of life, you may choose to walk away.
If you are disabled or have chronic pain after an accident and have no hope of recovering before the statute of limitations for your claim expires, ignoring litigation is not the best option. In such cases, it is usually best to file a lawsuit or petition the court under equitable tolling law.
Can I Get Compensation Without Going to Court?
It is possible to settle a personal injury claim without ever filing a lawsuit. This can be done through negotiation or mediation. These are both forms of alternative dispute resolution that allow the two sides in an accident case to reach an agreement outside of court.
For example, if you were involved in a car accident and received minor injuries but the other party was clearly at fault, then you may be able to work out an agreement with them even if they have no insurance coverage. This saves both parties time and money in court costs while achieving the same outcome as filing a lawsuit for personal injury damages.
While it is possible to settle a personal injury claim without filing a lawsuit, this isn’t the best option if your injuries are severe or ongoing and prevent you from working. In these cases, it is usually best to file a lawsuit and let the court decide how much compensation you should receive for your injuries, lost wages as well as pain and suffering.
An experienced Chicago car accident lawyer knows how to build your case so that it provides the best odds of a successful resolution outside of court. They can also advise you on whether filing a lawsuit is the best option for your situation.
To determine if you have a valid case and find out what options you have available to you regarding compensation, the attorneys at Cushing Law Offices can discuss a potential case in a free consultation. Simply contact us today to schedule your free consultation with our attorneys.