Personal Injury Statute of Limitations in Illinois
Last verified 2026-07 · Source: 735 Ill. Comp. Stat. § 5/13-202 ✓ verified · 3 sources
The deadline
2 years
from Date of injury; discovery rule may extend the clock to when plaintiff knew or should have known of injury and its cause, under 735 Ill. Comp. Stat. § 5/13-202.
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If you're researching personal injury lawsuits in Illinois, the single most important number is 2 years. That's how long 735 Ill. Comp. Stat. § 5/13-202 gives you to file a personal injury lawsuit, counted from Date of injury; discovery rule may extend the clock to when plaintiff knew or should have known of injury and its cause. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Illinois Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | 735 Ill. Comp. Stat. § 5/13-202 |
| Car Accident | 2 yrs | 735 ILCS 5/13-202 |
| Credit Card Debt | 5 yrs | 735 ILCS 5/13-205 |
| Medical Malpractice | 2 yrs | 735 ILCS 5/13-212(a) |
| Wrongful Death | 2 yrs | 740 ILCS 180/2 |
| Dog Bite | 2 yrs | 510 ILCS 5/16 (Animal Control Act, strict liability); SOL: 735 ILCS 5/13-202 |
| Slip and Fall | 2 yrs | 735 ILCS 5/13-202 |
| Defamation | 1 yr | 735 ILCS 5/13-201 |
| Breach of Contract | 10 yrs | 735 ILCS 5/13-206 |
| Medical Debt | 5 yrs | 735 ILCS 5/13-205 |
When the Clock Starts
In Illinois, the limitations period for personal injury lawsuits generally begins on Date of injury; discovery rule may extend the clock to when plaintiff knew or should have known of injury and its cause. Illinois recognizes a discovery rule for this claim type: Illinois courts apply the discovery rule: the 2-year SOL begins when the plaintiff knew or reasonably should have known that an injury was wrongfully caused
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 1 year for claims against local government entities under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/8-101; shorter notice periods may apply
- Damage caps: No statutory cap on compensatory damages in general personal injury; Illinois Supreme Court struck down prior legislative caps (Best v. Taylor Machine Works, 1997)
Modified comparative fault (51% bar). The 2-year SOL covers slip-and-fall, dog bite, premises liability, and general negligence. Separate 4-year statute of repose for product liability (735 ILCS 5/13-213).
Source: 735 Ill. Comp. Stat. § 5/13-202, official Illinois statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Illinois government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Illinois Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Illinois | 2 years | 735 Ill. Comp. Stat. § 5/13-202 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54(1m) |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Kentucky | 1 yr | Ky. Rev. Stat. § 413.140(1)(a) |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4(a)(1) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Illinois?
You have 2 years from Date of injury; discovery rule may extend the clock to when plaintiff knew or should have known of injury and its cause, under 735 Ill. Comp. Stat. § 5/13-202.
Can I still sue after 2 years in Illinois?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Illinois?
Yes. Illinois courts apply the discovery rule: the 2-year SOL begins when the plaintiff knew or reasonably should have known that an injury was wrongfully caused
What if the victim was a minor?
Illinois generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
1 year for claims against local government entities under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/8-101; shorter notice periods may apply
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Sources
- Official 735 ILCS 5/13-202 – Actions for personal injury (Illinois General Assembly)
- Corroborating Illinois Personal Injury Statute of Limitations – Nolo
- Corroborating Illinois Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Illinois attorney.