How Long Do I Have to File a Personal Injury Lawsuit in Illinois?

Understanding Illinois’ statute of limitations can help you avoid losing your right to pursue compensation.

If you’ve recently been injured in a slip and fall accident, car accident, or another type of personal injury incident, you may be concerned about how much time you have to file a lawsuit. Every state has laws that limit how long an injured person has to bring a legal claim.

In Illinois, many personal injury actions are generally subject to a two-year statute of limitations. Under 735 ILCS 5/13-202, an action for damages for an injury to the person generally must be commenced within two years after the cause of action accrues. The exact deadline can depend on the type of claim and the circumstances of the injury.

Quick Answer:
Many Illinois personal injury claims must be filed within two years after the claim accrues. However, exceptions and different deadlines may apply, including rules involving minors, legal disabilities, medical malpractice, government defendants, and the discovery of an injury. Missing an applicable deadline can result in losing the right to pursue the claim.

View 735 ILCS 5/13-202 — Personal injury statute of limitations

Understanding the Statute of Limitations

A statute of limitations establishes a deadline for filing a lawsuit. In many ordinary Illinois personal injury cases, the limitations period is two years after the cause of action accrues. Determining when a claim actually accrues can be more complicated than simply looking at the date an accident occurred.

For a typical car accident or slip and fall claim, the accident date will often be the starting point for calculating the limitations period. But certain legal doctrines can affect when the limitations period begins or whether it is paused. Because the deadline can be fact-specific, an injured person should not wait until the end of the two-year period to seek legal advice.

The Injury Occurs

A person suffers an injury in an accident or other event that may give rise to a personal injury claim.

The Limitations Period Begins

For many ordinary Illinois personal injury claims, the limitations period is two years after the cause of action accrues.

A Claim Must Be Filed on Time

The lawsuit generally must be filed before the applicable statute of limitations expires.

Exceptions May Change the Deadline

Special rules may affect the deadline in certain cases, so the correct filing date should be determined from the facts and the applicable statute.

The safest approach is to treat the deadline as a hard deadline until an attorney determines that an exception applies.

What Happens If You Try to File After the Statute of Limitations Expires?

If a lawsuit is filed after the applicable statute of limitations has expired, the defendant may raise the statute of limitations as a defense, and the court may dismiss the claim as untimely. Whether a late-filed case can proceed depends on the particular facts and whether a recognized exception or tolling rule applies.

This is why it is important to speak with a personal injury attorney as soon as possible after an accident. Waiting can create problems with both the filing deadline and the evidence needed to prove the claim.

Do Not Rely on Guesswork:
The correct deadline may depend on when the cause of action accrued, the identity of the defendant, the type of injury, and whether a statutory exception or tolling provision applies.

When Can the Statute of Limitations Be Extended or Tolled?

Illinois law recognizes circumstances that can affect the ordinary limitations period. These rules are not identical for every type of personal injury case, so they should be evaluated under the statute that applies to the particular claim.

Minors and Legal Disabilities

Illinois has special tolling rules for people who are under 18 or under certain legal disabilities. Section 13-211 generally allows a person who was under 18 or under a legal disability when the cause of action accrued to bring the action within two years after reaching age 18 or after the disability is removed, subject to applicable statutes of repose and other limitations.

View 735 ILCS 5/13-211

Medical Malpractice Claims

Medical malpractice cases have different timing rules. Under 735 ILCS 5/13-212, an action arising from patient care against a physician, dentist, registered nurse, or hospital generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death, but in no event more than four years after the act or omission that caused the injury or death, subject to statutory exceptions.

View 735 ILCS 5/13-212

Discovery of an Injury

In certain types of claims, the limitations period may be affected by when the plaintiff knew or reasonably should have known about the injury. This is particularly important in medical malpractice claims and other cases where the injury or its cause may not be immediately apparent.

Other Special Circumstances

Other statutes can create different deadlines or tolling provisions. For example, claims against local governmental entities may be subject to a separate limitations period under the Local Governmental and Governmental Employees Tort Immunity Act.

One important correction to a common misconception is that Illinois does not have one universal rule that simply pauses every personal injury deadline whenever a defendant leaves the state. Whether a limitations period is tolled depends on the specific statute and circumstances involved.

Wrongful Death Lawsuits Have Their Own Deadline

Wrongful death claims should not simply be described as ordinary personal injury lawsuits with the same limitations period. Illinois has a separate Wrongful Death Act that generally requires a wrongful death action to be commenced within two years after the person’s death, subject to statutory exceptions.

This can be especially important when a person survives an accident for a period of time and later dies from the injuries. In that situation, the timing of a potential wrongful death claim and any other survival or personal injury claim should be evaluated separately rather than assuming that one deadline automatically controls all claims.

Illinois Wrongful Death Act:

740 ILCS 180/2 — Wrongful Death Act

The Illinois Wrongful Death Act provides that, except as otherwise provided, a wrongful death action must be commenced within two years after the death. The statute contains additional provisions that may alter the deadline in particular situations.

Why the Filing Deadline Matters

A personal injury claim can involve significant medical bills, lost wages, rehabilitation, pain and suffering, and other damages. But even a strong claim can be jeopardized if the lawsuit is not filed within the applicable limitations period.

Waiting can also make an investigation more difficult. Witnesses may become harder to locate, surveillance footage may be overwritten, photographs may be lost, and other evidence can disappear with time.

✓

Protect Your Deadline

Determine the potentially applicable statute of limitations as early as possible.

Preserve Evidence

Photos, medical records, witness information, videos, and other evidence may be important to your case.

Get Legal Advice Early

An attorney can determine which deadline applies and whether any exception or tolling rule may affect it.

Don’t Wait Until the Deadline Is Approaching

The statute of limitations is only one part of a personal injury case, but it is one of the most important. Even when you believe you have plenty of time, determining the correct deadline early can protect your ability to pursue the claim.

If you have been injured, gather your medical records and other evidence, document what happened, and speak with an attorney promptly. A lawyer can review the circumstances and determine what deadline applies to your case.

Talk to a Decatur, IL Personal Injury Lawyer Today

Patel Law, PC represents the interests of plaintiffs in personal injury lawsuits. If you have been injured in a car accident, slip and fall, or another incident caused by someone else’s negligence, call our Decatur personal injury lawyers today to schedule a consultation so we can begin investigating your claims right away.