In Illinois, you have a limited window of time to file a personal injury lawsuit. Miss the deadline, and you lose your right to compensation forever—no matter how severe your injuries or how clearly the other party was at fault. Understanding these time limits is essential for protecting your legal rights.
Illinois Personal Injury Statute of Limitations: The Basics
Under 735 ILCS 5/13-202, the standard statute of limitations for personal injury cases in Illinois is two years from the date of the injury. This applies to most accident claims including:
- Car, truck, and motorcycle accidents
- Slip and fall injuries
- Dog bites and animal attacks
- Assault and battery
- Defective product injuries
- Construction accidents
Once two years pass from the date of your accident, Illinois courts will typically dismiss your case regardless of its merits. This deadline is strictly enforced, making timely action crucial.
Different Deadlines for Different Claims
While two years is the general rule, several types of cases have different limitation periods under Illinois law:
| Type of Claim | Deadline | Statute |
|---|---|---|
| Personal Injury (general) | 2 years | 735 ILCS 5/13-202 |
| Wrongful Death | 2 years from death | 740 ILCS 180/2 |
| Medical Malpractice | 2 years (4 year max) | 735 ILCS 5/13-212 |
| Property Damage | 5 years | 735 ILCS 5/13-205 |
| Claims Against Government | 1 year | 745 ILCS 10/8-101 |
Claims Against Government Entities
If your injury involves a government entity—such as a Chicago city bus, CTA train, state highway defect, or public building hazard—special rules apply under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10).
You must file suit within one year of the injury, but that’s not all. Most government claims require you to provide written notice of your claim within an even shorter timeframe—often just one year from the date of injury. Failing to provide proper notice can bar your claim entirely.
Medical Malpractice: The Discovery Rule
Medical malpractice cases under 735 ILCS 5/13-212 follow special timing rules. The statute of limitations is two years, but the clock may not start until you knew or reasonably should have known that your injury was caused by malpractice.
However, Illinois imposes an absolute outer limit: no medical malpractice case can be filed more than four years after the act of negligence occurred, regardless of when you discovered the harm. This is known as the “statute of repose.”
Exceptions That May Extend Your Deadline
Certain circumstances can pause (“toll”) or extend the statute of limitations:
Minority (Under 18)
Under 735 ILCS 5/13-211, if the injured person was a minor (under 18) at the time of injury, the statute of limitations does not begin running until they turn 18. A child injured at age 10 would have until age 20 to file suit.
Mental Disability
If the injured person was legally disabled or of unsound mind at the time of injury, the limitations period may be tolled under 735 ILCS 5/13-211. The two-year period begins when the disability is removed.
Defendant’s Absence from Illinois
If the person who caused your injury leaves Illinois after the accident, the time they spend outside the state may not count toward the limitations period under 735 ILCS 5/13-208.
Fraudulent Concealment
If the defendant fraudulently concealed the cause of your injury, the limitations period may be tolled until you discover (or should have discovered) the fraud.
Why Waiting to File Is Risky
Even though you technically have two years, waiting to pursue your claim creates serious problems:
- Evidence disappears: Surveillance footage is deleted, witnesses forget details, and physical evidence is lost or destroyed
- Witnesses become unavailable: People move, become difficult to locate, or pass away
- Medical causation weakens: The longer the gap between your accident and treatment, the easier it is for defendants to claim your injuries have other causes
- Insurance tactics: Adjusters know claimants approaching deadlines become desperate and may accept lower settlements
- Complex cases need time: Cases involving serious injuries, multiple parties, or expert witnesses require substantial preparation
The Insurance Claim vs. Lawsuit Distinction
Many injured people confuse filing an insurance claim with filing a lawsuit. They are not the same:
Insurance claims can be filed at any time, but insurers have no legal obligation to pay once the statute of limitations expires. Your leverage in negotiations comes from the ability to file suit if the insurer doesn’t offer fair compensation.
Lawsuits must be filed in court before the statute of limitations expires. Once the deadline passes, you cannot file suit—and the insurance company knows it.
Calculating Your Deadline Correctly
The statute of limitations typically runs from the date of injury, not the date you realized how serious your injuries were. For example:
If you were injured in a car accident on March 15, 2024, your deadline to file a personal injury lawsuit is March 15, 2026. Not March 14, not “sometime in March”—the exact date matters.
If the deadline falls on a weekend or court holiday, you may have until the next business day, but relying on this technicality is extremely risky.
Don’t Let the Clock Run Out on Your Claim
The statute of limitations is unforgiving. Once your deadline passes, courts have no discretion to hear your case regardless of how serious your injuries are or how clearly the defendant was at fault. Protecting your rights requires acting promptly.
At Phillips Law Offices, we understand the urgency of personal injury deadlines. Our experienced Chicago attorneys can evaluate your case, determine all applicable deadlines, and take immediate action to preserve your rights. Contact us today for a free consultation—before time runs out on your claim.
