If you were hit by a car in Elgin or the Chicago area, be aware of the Statute of Limitations. Recovering from a pedestrian accident is grueling and can take a long time. During recovery, think about the legal aspects of being hit by a car. The clock is ticking. If you wait too long, it will be too late to do anything about it legally. Illinois has its statute of limitations that you need to know about.
Most pedestrians hit by a car have two years
After getting hit by a car as a pedestrian, as with other types of injury cases, the State of Illinois imposes strict time limits on how long you have to take legal action. This is called a Statute of Limitations. In most cases, you will have two years from the date of the accident. After that date, you lose your right to sue. There are some exceptions which could shorten your time. For example, if the other car is owned by a municipality or the government, you have less time. The statute of limitations for children is also different in cases of personal injury. Other factors could change the two years. Consult with an attorney as soon as possible after any accident, to understand your specific timeframes.
Timing Legal Action is Important to Pedestrians
It is always a good idea to discuss the facts of your case with a lawyer early on so that you are aware of exactly how much time you have. This will also allow you to come up with a strategic plan after being hit by a car, taking legal time limits into account. Filing a claim or bringing a lawsuit is something that deserves careful consideration. The timing of when to file a claim, begin negotiations, end negotiations, or file a lawsuit are decisions that should be made as part of an overall case strategy. There is usually a sweet spot for each time frame. Regardless, you cannot pass the Statute of Limitations. Work on your legal case should begin far sooner, often right after the accident.
Waiting to see a lawyer can hurt your case
The two-year time frame to sue does not mean that you have the luxury of time. One should not wait until the last minute to contact a lawyer. This is true even if you have been trying on your own to deal with the insurance company. The reason that you don’t want to wait until the statute is about to run is that many lawyers will simply refuse to take your case at that point. Holding drivers responsible for their actions, even in car v. pedestrian cases, is complex.
Even if a driver admits to hitting a pedestrian, some will try to find defenses or make it look like the pedestrian’s own behavior played a role. They may do this out of fear. Their insurance company may do it to minimize what they might have to pay out by way of compensation. The injuries themselves could also be disputed, especially if you have had other injuries in the past.
Injury lawyers know how to time your case
A good personal injury lawyer will know how to best time each piece of your case. If work on your case is started a lot sooner than the statute of limitations, chances are good to avoid a lawsuit. This is because there will be plenty of time to negotiate. Negotiations should not take too long, but everything leading up to it has its own set of time frames. If you hire a lawyer, he or she will have their method for working up your case. This ensures that everything is properly investigated and handled. For example, if there is any dispute about what happened when the car hit your body, they can try to find out if there is any camera footage. Your lawyer will look at the police report and find out if any witnesses saw you get hit by a car. The medical records and bills will be carefully reviewed. Just getting medical records can take longer than one would think, after getting hit by a car.
Your lawyer will get to know you and your injuries. Your lawyer will want to understand how being hit by a car affected your life. Many people suffer from psychological trauma after being hit by a car. Before the battle with the insurance company begins, there is a whole lot of work that comes before it. For this reason, many lawyers will not take a case if it is too close to the statute of limitations. Everything becomes rushed.
Many factors go into a successful claim for personal injury. The facts will be carefully investigated by both your lawyer and the insurance company for the driver who hit you. Careful investigation takes time and should take place before a lawsuit is filed. Even if you have been dealing with the insurance company for a while and are coming close to the two-year statute date, it is normally a good idea to have an attorney take a look at your case and deal with the insurance company for you. The sooner you can get an attorney involved to handle your injury case, the better- even if just to find out if you “have a case”. Don’t leave yourself without a chance just because you waited too long. This is exactly what the insurance company is hoping for. Let’s talk.
Should I call a lawyer if I was hit by a car?
Contact us today at 630 250-8813 if you or your child were hit by a car to discuss your options. We are located on McLean Blvd, down the street from Elgin Community College, offering several options for your consultation. Being hit by a car is difficult, talking to a lawyer does not have to be. There are many ways that a lawyer can help. We hope that talking to a personal injury attorney is easy. Our strategy session is complementary and informative.