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How long do I have to file a drunk driving personal injury lawsuit?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

In general, personal injury lawsuits involving drunk driving have a two-year statute of limitations. In the event that a loved one suffered a wrongful death due to a drunk driving accident, the statute of limitations is also two years and begins at the time of death.

If a plaintiff intends to sue the establishment that served the drunk driver under the Dram Shop Act, the statute of limitations is one year from the date of the incident.

If a lawsuit for personal injury is not filed within that time, in most cases this means the ability to sue is closed completely. However, there are times when additional time may be granted, such as injuries that do not manifest immediately or a defendant conceals information regarding your accident. Drunk driving accidents are generally very cut-and-dry, though, so these time extensions are rare.

Before your deadline ends, it is important to do some critical tasks to ensure that your case is successful, and you receive the compensation you are entitled to. These include:

  • Gather evidence-It is important to gather as much evidence as possible, including police reports, medical records, medical bills, witness statements, and lost wages.
  • Research the law-Reviewing and comparing cases similar to yours and researching which laws are applicable to your case will help you to determine what damages you may be entitled to.
  • Draft your complaint and file suit-A complaint is drafted to detail your injuries and compensation you are entitled to. The suit must be filed with the proper courthouse and on time.

While it is possible to complete these tasks on your own, an experienced personal injury attorneys will have the time, capabilities, and know-how to deal with the intricacies and complexities of Illinois drunk driving laws, allowing you to rest and recover from your injuries.

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in a drunk driving accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

If you or a loved one has been injured in an auto accident due to another driver’s negligence, contact 844 See Mike for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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