Most Illinois injury claims have to be filed within two years of the date you were hurt (735 ILCS 5/13-202). That single number is the one people remember, and it is the reason a lot of good cases die: several Illinois deadlines are much shorter than two years, and a few of them start running before you have even finished treatment. Here is every filing deadline that matters, with the statute behind each one.
Illinois Filing Deadlines at a Glance
| Type of Claim | Deadline | Statute |
|---|---|---|
| Personal injury (car crash, slip and fall, dog bite) | 2 years from the injury | 735 ILCS 5/13-202 |
| Wrongful death | 2 years from the date of death | 740 ILCS 180/2 |
| Wrongful death from violent intentional conduct | 5 years from the death, or 1 year after a charged criminal case is finally resolved, against that defendant only | 740 ILCS 180/2 |
| Medical malpractice | 2 years from when you knew or should have known, and never more than 4 years after the act itself | 735 ILCS 5/13-212(a) |
| Medical malpractice, injured child | 8 years from the act, and never past the 22nd birthday | 735 ILCS 5/13-212(b) |
| Defective product injury | 2 years, plus an outer bar of 12 years from first sale or 10 years from delivery to the first user, whichever runs out first | 735 ILCS 5/13-202; 5/13-213(b) |
| Property damage | 5 years | 735 ILCS 5/13-205 |
| Oral contract | 5 years | 735 ILCS 5/13-205 |
| Written contract | 10 years | 735 ILCS 5/13-206 |
| City, county, township, school or park district, or other local public entity | 1 year from the injury | 745 ILCS 10/8-101(a) |
| Patient care claim against a local public entity or public employee | 2 years from discovery, and never more than 4 years after the act | 745 ILCS 10/8-101(b) |
| Injury on a CTA bus or train | 1 year | 70 ILCS 3605/41 |
| Claim against the State of Illinois, filed in the Court of Claims | 2 years for non-contract claims, with written notice within 1 year unless the claim itself is filed within 1 year | 705 ILCS 505/22; 505/22-1 |
| Workers’ compensation | Notice to your employer within 45 days, then file with the Commission within 3 years of the accident or 2 years of the last payment, whichever is later | 820 ILCS 305/6(c), 6(d) |
| Minor or person under a legal disability | 2 years after turning 18, or after the disability is removed | 735 ILCS 5/13-211 |
| Fraudulently concealed claim | 5 years from the date you discover it | 735 ILCS 5/13-215 |
| Childhood sexual abuse | No deadline, so long as the claim was not already time barred before the 2014 amendment | 735 ILCS 5/13-202.2(f) |
| Conduct amounting to first degree murder, a Class X felony, or a Class 1 felony, where the person was convicted | No deadline | 735 ILCS 5/13-202.1 |
The Two-Year Rule and What It Really Covers
The two-year window applies broadly: car crashes, truck and motorcycle collisions, slip and falls, dog bites, and most other negligence claims. It runs from the date the cause of action accrued, which in an ordinary crash is the date of the crash itself, not the date you finished treatment or the date an insurer denied you. Property damage from the same collision gets five years (735 ILCS 5/13-205), which is why an Illinois car accident lawyer may still be able to help with your vehicle long after the injury claim has closed.
Wrongful death runs from the date of death rather than the date of the injury, so a person hurt in 2024 who dies in 2026 gives the family until 2028 (740 ILCS 180/2). Deaths caused by violent intentional conduct get longer, either five years from the death or one year after a charged criminal case is finally resolved, though that extension applies only to the defendant who was charged. A wrongful death lawyer in Illinois can work out which date controls in a case with several defendants.
Shorter Deadlines That Catch People Off Guard
If a government body is involved, two years is the wrong number. Claims against a city, county, township, school district, park district, or any other local public entity must be commenced within one year (745 ILCS 10/8-101). A pothole claim against a village, a collision with a municipal truck, and an injury at a public school all sit under that one-year bar. Injuries on a CTA bus or train carry the same one-year deadline (70 ILCS 3605/41). Claims against the State of Illinois go to the Court of Claims instead of circuit court, generally within two years, and written notice has to be filed with the Attorney General and the Clerk within one year unless you simply file the claim itself inside that first year (705 ILCS 505/22, 505/22-1).
Injured workers face two separate clocks. You must report the injury to your employer within 45 days of the accident, and that notice deadline is entirely separate from the filing deadline (820 ILCS 305/6(c)). The application then has to be filed with the Illinois Workers’ Compensation Commission within three years of the accident or two years after your last compensation payment, whichever falls later (820 ILCS 305/6(d)). Exposure to hazardous radiological material or asbestos follows a longer schedule. Miss the 45-day notice and a claim that would otherwise be worth pursuing can be lost before an Illinois workers’ compensation lawyer ever sees the file. Reporting requirements after a crash work the same way, and it helps to know how quickly an accident has to be reported in Illinois.
When the Clock Starts Later
Some injuries are not obvious on day one. Under the discovery rule the period can begin when you knew, or through reasonable diligence should have known, of the injury and that someone else may have caused it. That principle is written directly into the medical malpractice statute: two years from discovery, but never more than four years after the act or omission (735 ILCS 5/13-212(a)). The four-year figure is a hard ceiling, not extra time. Children injured by medical negligence get eight years from the act and in no event past their 22nd birthday, and a Chicago medical malpractice lawyer will usually want the records reviewed well ahead of either date.
Other rules pause the clock rather than moving its start:
- A minor or a person under a legal disability has 2 years after turning 18 or after the disability is lifted (735 ILCS 5/13-211)
- Fraudulent concealment of a claim allows 5 years from the date of discovery (735 ILCS 5/13-215)
- A defendant’s absence from Illinois can toll the period, though not where the defendant is still reachable under Illinois jurisdiction and service rules (735 ILCS 5/13-208)
- Childhood sexual abuse claims may be brought at any time, subject to the limits on the 2014 amendment (735 ILCS 5/13-202.2)
None of these are automatic. Each has to be established, and an insurer will contest it, so a case that depends on tolling is a case that needs to be filed early rather than at the edge of the window.
Frequently Asked Questions
How does the statute of limitations work in Illinois?
It sets the last day you can file suit. Once the period runs, the defendant can move to dismiss and the court will almost always grant it, no matter how strong the evidence is. Filing a claim with an insurance company does not stop the clock; only filing the lawsuit does.
What is the statute of limitations for a car accident in Illinois?
Two years from the date of the crash for injuries (735 ILCS 5/13-202) and five years for damage to the vehicle (735 ILCS 5/13-205). If a government vehicle or a CTA bus was involved, the injury deadline drops to one year.
What are the exceptions to the statute of limitations in Illinois?
The main ones are the discovery rule, minority and legal disability, fraudulent concealment, and a defendant’s absence from the state. Each has conditions attached, and none of them extend a medical malpractice claim past the four-year outer limit or a child’s claim past age 22.
Does being partly at fault affect my deadline?
No. Comparative fault affects what you recover, not when you must file. Illinois bars recovery only if you are found more than 50% at fault, and otherwise reduces your damages by your share of the blame (735 ILCS 5/2-1116).
What happens if I miss the deadline?
The claim is generally barred. In rare situations a tolling rule may still apply, so it is worth having the dates reviewed rather than assuming the case is gone, but the safe assumption is that a missed deadline ends the claim.
If you are unsure which deadline applies to your situation, having someone check the dates costs nothing. Contact 844-SEE-MIKE for a free, no-pressure review, and you pay nothing unless we recover money for you. This article is general information about Illinois law, not legal advice about your particular case.
