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How Long Do I Have to File a Personal Injury Lawsuit After a Car Accident?

Writer's picture: Roland SwansonRoland Swanson

Updated: Aug 12, 2024

Whenever you have suffered a personal injury as a result of being involved in a car accident, it is important to keep track of time. Time tracking is important because all lawsuits associated with personal injury claims stemming from car accidents in Missouri and Illinois are required to be filed within a specified amount of time. This time constraint is commonly referred to as the "statute of limitations."

 

What is the Statute of Limitations?

 

The statute of limitations is a law that bars or prohibits claims after a specified period of time has elapsed. If the applicable statute of limitations runs or expires prior to a lawsuit being filed, the individual seeking legal recourse will most likely be unsuccessful in filing a lawsuit as it relates to that particular matter. Consequently, failure to file a lawsuit within the applicable statute of limitations will likely restrict your right to recover compensation.

 

When Does the “Clock” Start?

 

The  timeline established by the statute of limitations is largely based on the date in which the claim accrued, or the injury/accident occurred. For example, if you were involved in a car accident on January 1, 2024, the “clock” would begin to run on January 1, 2024. 

 


Why is There a Time Limit on Personal Injury Cases?

 

The idea behind enforcing a statute of limitations is to require diligent prosecution of known claims in order to provide some sort of finality or ultimate decision while the evidence is reasonably available and fresh. As time progresses, memories often fade, and witnesses may no longer be available. The statute of limitations also prevents a party or individual from surprise; having to defend against a claim several years after the underlying incident occurred.

 

Are There Exceptions to the Statute of Limitations?

 

Statutes of Limitations are not always straightforward and certain exceptions can apply in very specific circumstances, depending on the facts of the case. One exception you may encounter to this rule is if the injured party was a minor (under the age of 18) at the time of the accident. If the injured party is a minor, Missouri and Illinois both “toll” or pause the start of the clock until the injured party/minor turns 21 years old (in Missouri) or 18 years old (in Illinois). This effectively provides a lawsuit on behalf of a minor more time to be filed as compared to a lawsuit on behalf of an adult. It is important to remember, however, that if an adult was injured in this scenario, along with the minor, the clock is only tolled for the minor. The adult would still be subject to the normal statute of limitations as it relates to bringing forth or filing a lawsuit relating to the car accident.

 

Another exception to the normal statute of limitations can arise when the car accident involves an individual who is mentally incapacitated or disabled. This is largely because mentally incapacitated or disabled individuals are not authorized to file personal injury lawsuits on their own behalf. The individual may have a legal guardian file suit on their behalf or file suit themselves once the incapacitation or disability has been removed.

 

Due to the narrow applicability of the exceptions, it is important for an injured individual to speak with a knowledgeable personal injury attorney as soon as possible, so you can be advised of the complex time restrictions that may apply to your personal injury case.

 

How Long Do You Have to Sue in Missouri?

 

In the State of Missouri, there is a five (5) year statute of limitations for lawsuits to be filed that are based on a personal injury claim stemming from a car accident. Using the above example, this means the individual involved in the car accident on January 1, 2024 would have until January 1, 2029 to file a lawsuit seeking recovery for their personal injury. As of January 2, 2029, the individual would no longer be able to file a lawsuit, due to the expiration of the statute of limitations.

 

How Long Do You Have to Sue in Illinois?

 

In the State of Illinois, the statute of limitations for a personal injury claim stemming from a car accident is only two (2) years. Failure to file a lawsuit within this time period would likely result in an individual being unable to receive compensation for the injuries they sustained as a result of the car accident.

 

What Statute of Limitations Applies to Non-residents?

 

It is not uncommon for car accidents to involve one or more motorists or individuals who are not residents of the state where the accident occurred. This may leave the out-of-state individual wondering how much time they have to file a lawsuit in Missouri or Illinois, if they are not a resident. Fortunately, the answer is relatively simple. If a non-resident is involved in a car accident within Missouri, that non-resident would be subject to the same 5-year statute of limitations Missouri residents are subject to. The same would be true for Illinois, requiring the non-resident to file suit within the established 2-year statute of limitations.


Based on the state of the individual's residency, this rule may provide more or less time than the non-resident's home state. This is another reason why it is important to immediately seek legal representation to ensure the applicable time constraints are understood and you do not miss the window to seek compensation.

 

The Swanson Law Firm is Able to Promptly File Suit on Your Behalf

 

If you have recently been injured as the result of a car accident, it is important to speak with a knowledgeable personal injury attorney as soon as possible to determine if you have a claim and, if so, the amount of time you have to file a lawsuit, if necessary. Not every personal injury claim will require a lawsuit to be filed. In fact, it is not uncommon for personal injury claims to be resolved or settled out of court. However, when the insurance company refuses to offer or provide fair compensation, you want to make sure you have an attorney with the requisite knowledge, skill, and experience to file a lawsuit on your behalf.

 

Attorney Swanson has a proven track record of success in the courtroom and will not hesitate to file suit when necessary. If you or a loved one have been injured as the result of a car accident, request a free initial consultation with our firm today.




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