After an accident, you may be dealing with pain, medical bills, and time away from work—but it’s important not to overlook the legal deadline for filing a personal injury claim. In Illinois, you only have a limited window of time to take legal action. At Halliday McCall, we help individuals in Peoria understand their legal rights and deadlines so they don’t miss their opportunity to seek compensation.

The Illinois Statute of Limitations for Personal Injury

In most cases, Illinois law gives you two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you miss it, your case may be dismissed, and you could lose your right to recover damages—even if you have a strong claim.

Does the Clock Always Start on the Day of the Accident?

In many cases, the two-year countdown starts on the date the injury occurred. However, there are some exceptions:

• Delayed Discovery: If you didn’t immediately realize you were injured (for example, in a medical malpractice case), the clock may start when you reasonably discovered or should have discovered the injury.
• Minors: If the injured person is under 18 at the time of the accident, the two-year period typically begins when they turn 18.
• Mental Incapacity: If the injured person is legally incapacitated at the time of the injury, the statute of limitations may be paused until the incapacity ends.

Claims Against the Government

If your injury involves a city, county, or state agency (such as slipping on government property or being hit by a municipal vehicle), different rules apply. You may need to file a notice of claim much sooner—sometimes within one year or even less. These cases also have strict procedural requirements, so legal assistance is crucial.

Why You Shouldn’t Wait

Even though you may technically have two years to file, waiting can hurt your case. Over time:

• Evidence can be lost
• Witness memories fade
• The insurance company may grow more aggressive in disputing your claim

At Halliday McCall, we encourage Peoria residents to contact us as soon as possible after an injury. Early action can make a significant difference in the strength and outcome of your claim.

What If You’re Not Sure If You Have a Case?

If you're unsure whether your claim qualifies or whether you're still within the filing window, it's worth having your situation reviewed. We can help you understand the relevant deadlines, gather supporting documentation, and file on time so you can focus on recovery.