Personal Injury · Statute of Limitations
Injury Lawsuit Deadline in Illinois
How long you have to file a personal-injury lawsuit in Illinois, the statute of limitations, plus when the clock starts, the discovery rule, and the shorter deadlines for suing a government body. Cited to the statute.
How the deadline works in Illinois
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for particular claims.
| How the clock works | In Illinois | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a personal-injury lawsuit. |
| When it starts | Accrual | The clock generally starts when the cause of action accrues, which for most injuries is the date you were hurt. |
| Discovery rule | Yes | Yes. Illinois applies a discovery rule so that, where an injury or its cause is not immediately known, the two years can run from when the injured person knew or reasonably should have known of the injury and that it was wrongfully caused. |
| Statute of repose | None | No general statute of repose applies to ordinary personal-injury negligence. Illinois sets separate repose periods for specific areas (such as construction and certain product claims), which are outside the standard §13-202 clock. |
| Statute | 735 ILCS 5/13-202 | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Claim against a local government body | 1 year | Under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101), a personal-injury claim against a local public entity or its employee must generally be filed within 1 year, half the standard two-year period. |
| Injured person is a minor | Tolled to age 18 | A minor’s limitations period is generally tolled, so the two years can run from the 18th birthday. Local-government claims carry their own timing. |
| Wrongful death | 2 years from death | A wrongful-death action generally runs two years from the date of death under the Wrongful Death Act. |
What you can do right now
Concrete, neutral steps if you were injured in Illinois and the clock is running. This is legal information, not legal advice.
- Treat two years as your working deadline
Illinois gives you two years from the date of injury to sue. Mark that date now and plan around it while you confirm the exact deadline for your case.
- If a local government is involved, the deadline may be one year
Claims against a city, county, park district, or other local public body are generally subject to a one-year deadline under the Tort Immunity Act, not two. Identify any government defendant early.
- Track when you discovered the injury
Illinois recognises a discovery rule, so record when and how you learned of a latent injury and its cause. Keep medical records, photos, and witness names.
- Confirm the deadline with an Illinois attorney
The right deadline depends on who you are suing. A licensed Illinois personal-injury lawyer can confirm it. The Illinois State Bar Association runs a lawyer referral service.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ Illinois State Bar Association — Illinois Lawyer FinderThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Illinois injury claimants get wrong
Illinois gives you two years to sue for a personal injury under 735 ILCS 5/13-202, but the fact that catches people out is the government exception. If your claim is against a local public body, a city, a county, a park district, a public hospital, or one of its employees, the Local Governmental and Governmental Employees Tort Immunity Act generally cuts the deadline to one year, half the usual time. On the other side, Illinois does recognise a genuine discovery rule: where you could not reasonably have known you were injured or that it was wrongfully caused, the two years can run from when you should have known, which helps with latent injuries. The through-line is that the plain two-year figure is only a starting point, and the identity of the defendant can shorten it sharply.
Common questions
How long do I have to sue after a car accident in Illinois?
Illinois gives you two years from the date of the accident to file a personal-injury lawsuit, under 735 ILCS 5/13-202.
What is the statute of limitations for personal injury in Illinois?
Two years from the injury for most personal-injury claims, per 735 ILCS 5/13-202. A one-year deadline applies to many claims against local government bodies, and a discovery rule can move the start date for latent injuries.
Is the deadline shorter if I am suing a city or county in Illinois?
Often yes. Claims against a local public entity or its employee are generally subject to a one-year deadline under the Tort Immunity Act (745 ILCS 10/8-101), rather than the standard two years.
Does Illinois have a discovery rule for injuries?
Yes. Where you did not know and could not reasonably have known that you were injured and that the injury was wrongfully caused, the two-year clock can run from when you should have known, rather than from the date of the injury itself.
What happens if I miss the deadline in Illinois?
A suit filed after the limitations period runs can be dismissed on the defendant’s motion, whatever the merits. Because government claims can carry a shorter one-year deadline, confirm which period applies to your defendant early.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.