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Can I still file a car accident lawsuit after the statute of limitations due the coronavirus?

Asked by user in Illinois.

I have submitted a demand letter a few times to the person who hit me in a car accident. The offer was bad. I wanted to file a case, but due to coronavirus I have had a lot happening and I had to take FMLA benefits. This prevented me from filing the case prior to the 2 years (which was Nov 21st). Since I did submit demand letters, can I still receive a settlement since the coronavirus has caused life to be incredibly stressful?

Answered by Enjuris Editors:

I’m sorry to hear this. Unfortunately, sending a demand letter to a potential defendant isn’t the same as filing a claim in court. While a lot of things have been upended by the COVID-19 pandemic, the court is unlikely to accept a claim that’s past a statute of limitations when the accident itself happened more than a year prior to pandemic shutdowns.

You can certainly contact a lawyer to inquire whether there are other options or if they think there’s any way that your local courts might be sympathetic to your situation and accept a claim after the deadline. There might be some circumstances in your particular municipality that allow for statute of limitations extensions, and a lawyer or the court can advise you if that’s the situation. Best of luck to you.

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