Wrongful Death Statute of Limitations in Illinois
Last verified 2026-07 · Source: 740 ILCS 180/2 ✓ verified · 3 sources
The deadline
2 years
from Date of death, under 740 ILCS 180/2.
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Illinois law sets a hard deadline of 2 years to file a wrongful death lawsuit. The controlling statute is 740 ILCS 180/2, and the clock generally starts on Date of death. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Illinois Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | 740 ILCS 180/2 |
| 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) |
| Personal Injury | 2 yrs | 735 Ill. Comp. Stat. § 5/13-202 |
| 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 wrongful death claims generally begins on Date of death. Illinois does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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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: Claims against local government entities must be filed within 1 year of injury (745 ILCS 10/8-101). Claims against the State of Illinois filed in Court of Claims with $2 million cap (adjusted for inflation).
- Damage caps: No general cap for private defendants. $2 million cap (adjusted annually for inflation) for suits against the State of Illinois unless state vehicle caused death.
5-year SOL for deaths from violent intentional conduct. 1-year extension after final disposition of criminal case (murder, manslaughter, etc.). Minor beneficiaries get until 2 years after turning 18. Personal representative files for exclusive benefit of surviving spouse and next of kin. Comparative fault applies with complete bar if decedent over 50% at fault.
Source: 740 ILCS 180/2, 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 | 740 ILCS 180/2 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54 |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Missouri | 3 yrs | Mo. Rev. Stat. § 537.080; § 537.090; § 537.100 |
| Kentucky | 1 yr | KRS § 411.130; KRS § 413.180 |
| Indiana | 2 yrs | Indiana Code § 34-23-1-1 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Illinois?
You have 2 years from Date of death, under 740 ILCS 180/2.
Can I still sue after 2 years in Illinois?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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?
Claims against local government entities must be filed within 1 year of injury (745 ILCS 10/8-101). Claims against the State of Illinois filed in Court of Claims with $2 million cap (adjusted for inflation).
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Sources
- Official Illinois General Assembly - 740 ILCS 180/ Wrongful Death Act
- Corroborating Nolo - Wrongful Death Lawsuits in Illinois
- Corroborating FindLaw - 740 ILCS 180/2 Wrongful Death Act
- 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.