Most Illinois personal injury lawsuits must be filed within two years after the injury (735 ILCS 5/13-202). Some claims have shorter or longer deadlines: one year for many claims against local government bodies, extra time for minors, and different rules for wrongful death, medical malpractice and property damage. A missed deadline can end a claim no matter how strong it was, so talk with a lawyer promptly. Call Stavros Law Offices at (847) 520-4810 for a free consultation.

General information, not legal advice. Last reviewed: October 2026.

The General Rule: Two Years

Under 735 ILCS 5/13-202, an action for damages for an injury to the person must be started within two years after the cause of action accrued. In plain terms, that usually means you must file a lawsuit in court within two years of the date you were hurt. It applies to many common claims, including car, truck and motorcycle crashes, slip and falls, and dog bites.

Two points are easy to miss:

• Filing means filing in court. Reporting a claim to an insurance company, exchanging letters, or negotiating does not generally stop the clock.
• Different claims from one event can have different deadlines. A crash can involve an injury claim, a property damage claim and, if someone died, a wrongful death claim.

When Does the Two Years Start?

For most injuries, the clock starts on the date of the accident. In some situations, Illinois courts apply what is often called the discovery rule: the period may begin when a person knew, or reasonably should have known, that they were injured and that the injury may have been caused by someone else's wrongful conduct. This is not automatic, courts apply it case by case, and it is not a safe plan. If you are unsure when your deadline began, ask an attorney instead of assuming you have more time.

Children and People Under a Legal Disability

735 ILCS 5/13-211 gives extra time to some people. If the person entitled to sue was under 18, or under a legal disability, when the claim arose, the statute allows an action within two years after the person turns 18 or the disability is removed. If someone becomes legally disabled after the claim arises but before the time runs out, the statute describes a stay of the deadline until the disability is removed, with limits for certain claims.

Other rules can apply to some types of cases, so do not rely on a child's extra time without asking an attorney how it applies to your situation.

Claims Against Government Bodies

Suing a city, village, township, school district, park district or other local public entity (or its employees) is often different. Under 745 ILCS 10/8-101, a civil action against a local entity or its employees generally must be commenced within one year from the date the injury was received or the cause of action accrued. For claims arising out of patient care against a local public entity or employee, that section sets a separate period of two years from when the claimant knew or should have known of the injury, and no more than four years from the act or omission.

Claims against the State of Illinois and some other public bodies can follow other procedures, and some public bodies have their own notice rules. Because the period can be as short as one year, a possible government claim should be reviewed right away. If a city vehicle, a public road or a public building was involved in your injury, say so when you call us.

Wrongful Death

The Illinois Wrongful Death Act (740 ILCS 180/2) requires the claim to be brought by the personal representative of the person who died, for the benefit of the surviving spouse and next of kin. Generally, the action must be commenced within two years after the death. The statute also provides a longer period in some situations: within five years after the date of death if the death is the result of violent intentional conduct, or within one year after the final disposition of a criminal case if the defendant is charged with certain listed offenses, including first degree murder, involuntary manslaughter and reckless homicide. The statute says this extension applies only against the individual who allegedly committed the act or was charged, not against other people or businesses.

Because the two-year period runs from the date of death, not the date of the crash or event, and because who may file is specific, families should talk with an attorney early. See our page on wrongful death claims in Illinois.

Medical Malpractice

Under 735 ILCS 5/13-212, a medical malpractice action against a licensed physician, dentist, registered nurse or hospital generally cannot be brought more than two years after the claimant knew, or through reasonable diligence should have known, of the injury or death, and in no event more than four years after the act or omission alleged to have caused it. This outer four-year limit is called a statute of repose.

• Minors: for a person under 18 when the claim accrued, the statute allows up to eight years after the act or omission, but never after the person's 22nd birthday.
• Fraudulent concealment: if a defendant fraudulently conceals the cause of action, 735 ILCS 5/13-215 allows an action within five years after the person discovers it. Proving concealment is not simple.
• Extra requirements: malpractice cases also have procedural requirements, such as a health professional's report that must be filed with the complaint (735 ILCS 5/2-622). That takes time to arrange, which is another reason not to wait.

Property Damage

A claim to recover damages for an injury to property, such as repair costs for a vehicle, falls under 735 ILCS 5/13-205, which provides five years for actions to recover damages for an injury done to property. That is longer than the two years for bodily injury. Do not let it distract you from the shorter injury deadline. Your own insurance policy may also have its own claim notice and time conditions, which are separate from these court deadlines. For vehicle value disputes, see our guide on a totaled car after an Illinois accident.

Why Waiting Hurts Even Before the Deadline

• Video disappears. Businesses, buses and homes may record over footage in a short time.
• Vehicles get repaired or scrapped, and vehicle data and physical evidence can be lost.
• Memories fade and witnesses move or become hard to reach.
• Medical records and treatment gaps become harder to explain the longer a claim sits.
• Other notice rules in policies and for public bodies may be shorter than any court deadline.

If you are hurt in a crash, our car accident checklist and Car Accident Resource Center cover the first steps, and our page on dealing with insurance after a crash explains why talking with an insurer does not stop the clock.

Exceptions Exist, So Do Not Guess

This page is a map, not a calculator. The statute itself lists narrow exceptions, courts interpret when a claim “accrued,” and more than one deadline may apply to a single event. Claims for uninsured and underinsured motorist coverage depend on the insurance policy and may not follow the two-year injury deadline. See uninsured and underinsured motorist claims. The safest approach is to treat the shortest possible deadline as the one that applies until an attorney tells you otherwise.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Illinois?

Most Illinois personal injury lawsuits must be filed within two years after the cause of action accrued (735 ILCS 5/13-202). Exceptions exist, including shorter limits for some claims against government bodies and longer periods in some cases involving minors, wrongful death and malpractice.

Can the deadline be extended?

Sometimes. Illinois law gives extra time in some situations, such as for people who were under 18 or under a legal disability when the claim arose (735 ILCS 5/13-211), and the wrongful death statute has a longer period in some cases. These exceptions are narrow and fact specific, so do not assume one applies to you. Ask an attorney.

What is the deadline to sue a city or other local government in Illinois?

Under 745 ILCS 10/8-101, a civil action against a local public entity or its employees generally must be commenced within one year from the date the injury was received or the cause of action accrued. Claims arising out of patient care have separate periods in the same section. Review any possible government claim right away.

What is the deadline for a wrongful death claim in Illinois?

Generally two years after the death (740 ILCS 180/2). The statute provides up to five years after death if the death resulted from violent intentional conduct, and a period tied to the end of a criminal case when the defendant is charged with certain listed offenses. The claim is brought by the personal representative.

Is the deadline different for medical malpractice?

Yes. A malpractice action against a physician, dentist, registered nurse or hospital generally cannot be brought more than two years after the claimant knew or should have known of the injury, and not more than four years after the act or omission (735 ILCS 5/13-212). Minors and fraudulent concealment have separate rules.

Does talking to the insurance company stop the clock?

No. Reporting a claim or negotiating with an insurer generally does not stop the court filing deadline. Keep track of your deadline and ask an attorney before time gets short.

What if I am not sure when my deadline started?

Treat the earliest possible date, usually the date of the accident, as the start until an attorney tells you otherwise. Courts sometimes apply a discovery rule, but it is not automatic. Call us for a free consultation and bring your dates.

Questions About Your Deadline?

A short call can help identify which deadline may apply. Read how fault can reduce a claim in our guide to comparative fault in Illinois, or learn about our Wheeling car accident services.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. Call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship until engaged; past results do not guarantee a similar outcome. Laws and deadlines change and every case is different. Last reviewed: October 2026.