There is no standard length for an Illinois injury case. Some claims resolve with the insurance company once medical treatment ends; others require a lawsuit, discovery, mediation and sometimes a trial. The length depends on your injuries, whether fault is disputed, the insurance involved and the court's schedule. One thing does not wait: most Illinois personal injury lawsuits must be filed within two years of the injury (735 ILCS 5/13-202), and claims against a local public body generally must be filed within one year; for a child, that generally means before the 19th birthday, not the 20th (745 ILCS 10/8-101(a)). Stavros Law Offices offers a free consultation. Call (847) 520-4810.

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

Stage 1: Immediate Steps and Preserving Evidence

The first days matter. Get medical care, report the incident to police or the property owner as appropriate, and preserve evidence: photographs, witness names, damaged property and any video. Many camera systems record over footage quickly, so requests for video should go out early. Our car accident checklist lists these steps.

Stage 2: Medical Treatment and Maximum Medical Improvement

For most people, treatment is the longest part of the early case. Doctors use the term maximum medical improvement (MMI) for the point at which a condition has stabilized and further significant improvement is not expected, even if some symptoms remain. Until then, it is often hard to know whether an injury is permanent, what future care will be needed, and how it will affect your work.

That is why settling a significant claim before the medical picture is clear can be risky: a release generally ends the claim, even if you later need more treatment. But treatment does not pause the legal deadline. If MMI is not in sight as the filing deadline approaches, a lawsuit can be filed to protect the claim while treatment continues.

Stage 3: Investigation and Records

While you treat, we gather what is needed to prove fault and damages: reports, photographs and video, witness statements, medical records and bills, wage records and insurance information. Some evidence can be obtained only through formal discovery after a suit is filed.

Stage 4: The Demand and Negotiation

Once the injuries and losses are documented, a claim is often presented to the insurer in a written demand that explains the facts, the evidence of fault, the medical treatment and the damages. The insurer then reviews it and may accept, reject or make a counteroffer. Negotiation may take several rounds. Before any settlement, liens and reimbursement claims should be identified, because they affect what you actually receive. See how much is my injury case worth and dealing with insurance after a crash.

Stage 5: Filing a Lawsuit Before the Deadline

If the claim does not resolve, or the deadline is approaching, the next step is filing a lawsuit. Talking to an insurer does not stop the court-filing deadline.

Most Illinois personal injury lawsuits must be filed within two years of the injury (735 ILCS 5/13-202). A child injured by a private person or business generally has until two years after turning 18 (735 ILCS 5/13-211). Claims against physicians, dentists, registered nurses and hospitals follow a separate statute: two years from when the injury was or should have been discovered and never more than four years after the treatment; for a child, eight years after the treatment but never past the 22nd birthday (735 ILCS 5/13-212).

Claims against a city, village, county, township, school district, park district or other local public body, or its employees, generally must be filed within one year (745 ILCS 10/8-101(a)). For a child's ordinary injury claim, that year generally runs from the 18th birthday, so the lawsuit must be filed before the child turns 19, not 20. Claims arising out of patient care at a public hospital or clinic follow a different rule: two years from when the injury was or should have been discovered, and never more than four years after the care (745 ILCS 10/8-101(b)).

Claims against the State of Illinois are brought in the Illinois Court of Claims under separate rules. An injury claim generally requires written notice to the Attorney General and the Clerk of the Court of Claims within one year, unless the claim itself is filed within that year, and the claim must be filed within two years (705 ILCS 505/22-1, 22(h)). A missed notice deadline bars the claim (705 ILCS 505/22-2).

A wrongful death action generally must be commenced within two years after the death (740 ILCS 180/2(d)). When a death results from medical negligence by a physician, dentist, registered nurse or hospital, the deadline is two years from when the family knew or reasonably should have known of the death and that it was wrongfully caused, and never more than four years after the treatment (735 ILCS 5/13-212(a); Moon v. Rhode, 2016 IL 119572). Our guide to Illinois personal injury deadlines explains the exceptions.

Filing suit does not end negotiation. Many cases settle after a lawsuit is filed.

Illinois Injury Deadlines at a Glance

These are the general filing deadlines. Exceptions exist, so do not rely on this table alone.

• Injury caused by a private person or business: Two years from the injury (735 ILCS 5/13-202).
• Child injured by a private person or business: Two years after turning 18 (735 ILCS 5/13-211).
• City, village, county, school district, park district or other local public body: Generally one year; for a child, generally before the 19th birthday (745 ILCS 10/8-101(a)).
• Patient care at a public hospital or clinic: Two years from discovery; never more than four years after the care (745 ILCS 10/8-101(b)).
• State of Illinois (Court of Claims): Written notice within one year unless the claim is filed within that year; claim within two years (705 ILCS 505/22-1, 22(h)).
• Physician, dentist, registered nurse or hospital: Two years from discovery; never more than four years after treatment; for a child, eight years after treatment but never past the 22nd birthday (735 ILCS 5/13-212).
• Wrongful death: Generally two years after the death; medical negligence deaths follow 13-212(a) (740 ILCS 180/2(d); 735 ILCS 5/13-212(a)).
• Beneficiary under 18 in a wrongful death case: Two years after turning 18 (the child's claim only) (740 ILCS 180/2(f)).

Stage 6: Discovery

Discovery is the process in which each side obtains information from the other. Under Illinois Supreme Court Rule 201(a), discovery methods include depositions, written interrogatories, requests for documents and objects, inspection of real estate, requests to admit, and physical and mental examinations. In practice, that can mean:

• Answering written questions under oath, called interrogatories; a party generally may serve no more than 30, including subparts, without agreement or leave of court (Rule 213(c)). Producing documents (Rule 214)
• Giving a deposition, which is sworn testimony taken outside court (Rule 206). A discovery deposition generally may not exceed three hours unless the parties agree or the court orders otherwise (Rule 206(d))
• Attending a medical examination by a doctor chosen by the defense, if the court orders one because your physical or mental condition is in controversy (Rule 215)
• Exchanging medical records and, in many cases, the opinions of doctors and other qualified witnesses

Illinois Supreme Court Rule 218 provides for case management conferences. The initial conference is generally held within 35 days after the parties are at issue and no more than 182 days after the complaint is filed (Rule 218(a)). The court addresses matters such as limits and deadlines for discovery, the possibility of settlement (Rule 218(a)(6)), alternative dispute resolution (Rule 218(a)(7)), and the date the case should be ready for trial. Local court rules can change the schedule. Discovery is often the longest stage of a lawsuit, and its length varies widely with the number of parties and witnesses and the complexity of the injuries.

Stage 7: Mediation and Settlement Conferences

Many cases resolve through a settlement conference or mediation. In mediation, a neutral person helps the parties negotiate, but does not decide the case. Whether to accept any offer is always the client's decision.

Stage 8: Trial

If the case does not settle, it is tried to a judge or jury, which decides fault and damages. Trial dates depend on the court's calendar. After a verdict, post-trial motions and appeals can add more time.

In personal injury and wrongful death lawsuits, Illinois adds prejudgment interest, at a rate set by statute, to a judgment, generally from the date the lawsuit was filed, for up to five years (735 ILCS 5/2-1303(c)). It is added to a court judgment, not to a settlement, and it does not apply to punitive damages, sanctions, or statutory attorney's fees and costs. A defendant's written settlement offer made within 12 months after filing can reduce or eliminate it: if the judgment is no larger than the highest such offer, no interest is added, and if it is larger, interest runs only on the difference. The State, local governments, school districts and other governmental entities do not pay prejudgment interest.

Stage 9: After a Settlement or Verdict

Resolution is followed by paperwork. A settlement usually requires a signed release. Liens and reimbursement claims, such as health care provider liens under 770 ILCS 23/10 and Medicare conditional payments, are resolved, and the remaining funds are distributed. In a contingent fee matter, Illinois Rule of Professional Conduct 1.5(d)(2) requires the lawyer to give the client a written statement of the outcome and, if there is a recovery, showing the remittance to the client and how it was determined. If there is no recovery on an injury claim, you owe nothing: no attorney fee and no case costs. See how personal injury attorney fees work.

What Makes a Case Take Longer or Shorter

Longer treatment or an uncertain prognosis, disputed fault, more parties and insurers, limited coverage, government defendants, a crowded court docket and unresolved liens all tend to lengthen a case. Any estimate of total length is only a rough expectation and may change as the case develops.

What You Can Do to Keep Your Case Moving

Follow your treatment plan, send us bills, records and insurance letters as you receive them, tell us about new providers or symptoms, and do not sign releases or give recorded statements without talking to us first.

Related Pages

See the Car Accident Resource Center, our guide to comparative fault in Illinois, and our personal injury overview.

Our county pages explain where injury cases are filed: Cook County, Lake County, DuPage County, Kane County and McHenry County.

Frequently Asked Questions

How long does a personal injury case take in Illinois?

It varies. Some claims resolve with the insurer after treatment ends; others need a lawsuit, discovery, mediation and sometimes trial. Medical recovery, disputed fault, the number of parties, insurance limits and the court's schedule all affect the length. Any estimate is a rough expectation that can change.

Should I settle before I finish medical treatment?

It is often risky to settle a significant claim before the medical picture is clear, because a release generally ends the claim even if you later need more care. Treatment does not pause the filing deadline, so a lawsuit can be filed to protect the claim while treatment continues.

Does negotiating with the insurance company stop the deadline to sue?

No. Talking to an insurer does not stop the court-filing deadline. Most Illinois personal injury lawsuits must be filed within two years of the injury (735 ILCS 5/13-202). A child injured by a private person or business generally has until two years after turning 18 (735 ILCS 5/13-211). Claims against a local public body generally must be filed within one year (745 ILCS 10/8-101(a)); for a child, that generally means before the 19th birthday. Claims against the State require written notice within one year unless the claim is filed within that year (705 ILCS 505/22-1). Medical claims follow 735 ILCS 5/13-212.

What happens during discovery?

Each side obtains information from the other. Under Illinois Supreme Court Rule 201(a), discovery methods include depositions, written interrogatories, requests for documents, requests to admit, and physical and mental examinations. Interrogatories are generally limited to 30 (Rule 213(c)), and a discovery deposition generally may not exceed three hours (Rule 206(d)). Discovery is often the longest stage of a lawsuit.

Will my case go to trial?

Many cases settle, either before or after a lawsuit is filed, sometimes through mediation or a settlement conference. If a case does not settle, a judge or jury decides it. Whether to accept a settlement offer is always the client's decision.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. We handle injury claims for clients in our service area from our Wheeling office and explain each stage as it happens. Call (847) 520-4810 or request a free consultation online. Available 24/7 by phone at (847) 520-4810. Leave a message after hours and calls are returned promptly. 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
Free consultation. Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

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