Written by Short answer: In Illinois, you generally have two years from the date of the injury to file a personal injury lawsuit under 735 ILCS 5/13-202. Two years from the date of death for wrongful death under 740 ILCS 180/2. Claims against governmental units (CTA, Chicago Park District, Illinois Tollway, city vehicles) are typically capped at one year with a strict notice requirement. Minors have the limitations period tolled until they turn 18. Medical malpractice has its own clock. Missing the deadline ends the case forever, regardless of merit.
In my experience representing Illinois personal injury victims, the statute of limitations is the most expensive single fact in the case. Clients lose otherwise winnable lawsuits every year by waiting “until they finished treating” or “until the insurance company finished reviewing.” Treatment doesn’t stop the clock. Insurance reviews don’t stop the clock. Filing a lawsuit stops the clock. This guide walks through the deadlines that matter and the narrow exceptions that change them.
The Core Deadlines in Illinois Personal Injury
| Claim type | Statute | Deadline |
|---|---|---|
| Personal injury (general) | 735 ILCS 5/13-202 | 2 years from injury |
| Wrongful death | 740 ILCS 180/2 | 2 years from death |
| Survival action (decedent’s claim) | 755 ILCS 5/27-6 | 2 years from injury (the decedent’s clock continues) |
| Medical malpractice | 735 ILCS 5/13-212 | 2 years from discovery, max 4 years from act |
| Loss of consortium | 735 ILCS 5/13-203 | 2 years (tied to underlying injury claim) |
| Claims against local government | 745 ILCS 10/8-101 | 1 year from injury (Tort Immunity Act) |
| Claims against the State of Illinois | 705 ILCS 505/22 | 2 years, filed in Court of Claims (not Circuit Court) |
| Property damage only | 735 ILCS 5/13-205 | 5 years |
| Workers’ compensation | 820 ILCS 305/6(d) | 3 years from injury or 2 years from last comp payment, whichever later |
How the Two-Year Clock Actually Works
The clock starts on the date of the injury, not the date of the crash report, the police report, or the date the carrier denies your claim. For most car accidents, the injury date is the crash date. For latent injuries (a TBI that produces cognitive symptoms weeks later), the date is when a reasonable person would have discovered the injury – Illinois uses the “discovery rule” in narrow circumstances.
What stops the clock:
- Filing a complaint in the Circuit Court of Cook County (or the appropriate venue)
- Reaching a written settlement agreement signed by all parties
- The claimant being a minor (tolled until age 18; then 2 years to file)
- The claimant being legally disabled (tolled during disability)
What does not stop the clock:
- Ongoing medical treatment
- Insurance company “still reviewing the claim”
- Pending property-damage negotiations
- Ongoing criminal proceedings against the at-fault driver
- Sending demand letters or pre-suit correspondence
- Verbal agreements to extend
Government Claims: The One-Year Trap
If your injury involves a CTA bus, Chicago Park District property, a Cook County vehicle, a Chicago Public Schools incident, or the Illinois Tollway, the Tort Immunity Act applies and the deadline is one year, not two. 745 ILCS 10/8-101 is unforgiving on this point. The one-year clock runs from the date of injury, and there is no discovery-rule exception for most categories.
Some governmental defendants also require a written notice of claim before suit (separate from the lawsuit deadline). CTA, for example, requires notice within six months for some claim types. Missing the notice can defeat the case even if the lawsuit is timely filed.
Special Rules for Minors and Incapacitated Adults
If the injured person was under 18 at the time of injury, the limitations period is tolled until their 18th birthday. They then have the standard two years (so until their 20th birthday) to file. 735 ILCS 5/13-211 governs.
For incapacitated adults (the legally disabled), the clock is tolled during the period of disability. If disability is partial or intermittent, the analysis is more nuanced and benefits from legal advice early.
Loss of consortium claims by a spouse run on the same two-year clock as the underlying injury, not the spouse’s separate clock. If the injured spouse misses their deadline, the consortium claim usually goes with it.
Medical Malpractice: A Different Animal
Medical malpractice has its own statute under 735 ILCS 5/13-212:
- 2 years from the date the injury was discovered (or should have been discovered through reasonable diligence)
- Maximum 4 years from the date of the negligent act (the “statute of repose”), with limited exceptions
- Minor patients: until age 8 for acts before age 4; otherwise tolled until age 18 then 2 years
The discovery rule and the 4-year repose interact in ways that produce surprising outcomes. A diagnosis of cancer that should have been caught at a screening two and a half years earlier may already be barred if the screening was more than 4 years before suit.
What to Do Right Now to Protect the Deadline
- Identify every potential defendant in the first 30 days. Governmental defendants change the deadline. Multiple defendants mean multiple notice periods.
- Calendar the deadlines, not the carrier’s responses. The insurance company’s review timeline is irrelevant to the statute of limitations.
- Get legal advice early. Reputable Illinois personal injury firms offer free consultations on a contingency-fee basis. You pay nothing to find out what your deadlines actually are.
- If a deadline is approaching and the case is not ready, file anyway. A complaint can be amended later. A missed deadline cannot be reopened.
- Do not rely on verbal extensions. Illinois courts do not enforce informal “tolling agreements” without specific written language.
Frequently Asked Questions
My injury appeared months after the crash. When does my clock start?
The general rule is the date of injury, which for most crash cases is the crash date. The discovery rule applies in narrow circumstances where the injury could not reasonably have been discovered at the time. Latent TBI, latent toxic exposure, and surgical foreign objects are typical examples. Crash-related musculoskeletal injuries generally do not qualify because some symptom is usually present from day one.
The insurance company said they have three years to settle. Is that true?
No. The carrier’s internal review timeline is unrelated to your statute of limitations. If the deadline passes while you are still negotiating, the carrier is free to deny coverage and you cannot sue.
Can I extend the deadline by filing a complaint and serving later?
Filing the complaint stops the clock. Service of process must follow under Illinois Supreme Court Rule 103(b), but the filing itself is what protects the deadline. Filing on the last day is legally sufficient (though clearly risky).
What if I find out about the negligent party after the deadline?
Generally that does not extend the deadline against other defendants whose identity you knew. The discovery rule may apply if you could not reasonably have known of the specific defendant’s involvement. This is fact-intensive and requires careful legal analysis.
My case is against a Chicago Police vehicle. What’s my deadline?
One year under the Tort Immunity Act. The city also requires a written notice of claim in a specific form. Missing either step ends the case. Get counsel within the first month.
Authoritative Sources
- 735 ILCS 5/13-202 – Two-year personal injury SOL
- 745 ILCS 10/8-101 – Tort Immunity Act
- 735 ILCS 5/13-212 – Medical malpractice SOL
- 740 ILCS 180 – Wrongful Death Act
- Illinois Courts
