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?
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.
Read more questions and answers or submit your own question.
Accident Report Form
Sample post-accident report form to keep in your glove box - fill out at the scene or as soon as you can after a car accident
Download in PDF format
Workers' Compensation and Personal Injury Lawyers