What Is the Statute of Limitations for Personal Injury in Illinois?

The statute of limitations is the legal deadline for filing a lawsuit after an injury occurs. In Illinois, personal injury claims are subject to specific time limits, and failing to file within the required period can prevent you from recovering compensation.

Because these deadlines can vary depending on the facts of the case, understanding how the statute of limitations works is an important step in protecting your legal rights.

The Basic Deadline:

In Illinois, most personal injury claims must be filed within two years from the date of the injury.

This deadline commonly applies to cases involving:

• Car and truck collisions

• Pedestrian and bicyclist injuries due to a driver’s negligence

• Slip and fall injuries due to a defective or dangerous premisesMedical malpractice

• Workplace and construction injuries

• Defective products

• Nursing home neglect and abuse

• Defective products

• General negligence claims

In most situations, the clock begins running on the date the injury occurred.

Some cases involve additional legal limitations that may restrict how long a person has to bring a claim, regardless of when the injury is discovered.

For example:

• Certain claims against government entities may involve shorter notice requirements

• Medical malpractice cases may include statutes of repose that create outer filing limits

• Product liability claims may also involve separate statutory deadlines

Because different legal rules may overlap, determining the correct filing deadline often requires a careful review of the facts.

Exceptions for

Illinois law recognizes several important exceptions that may extend or affect the statute of limitations in personal injury cases.

These may include:

• Minors: Children injured in accidents may have extended deadlines that begin once they reach adulthood

• Delayed discovery: If the injury was not immediately known or reasonably discoverable, the timeline may begin later

• Mental incapacity: Certain disabilities or impairments may affect how the deadline is calculated

• Fraud or concealment: If a defendant intentionally concealed wrongdoing, additional time may apply

• Claims involving public entities: Special procedures and deadlines may apply when government agencies are involved

These exceptions can significantly impact how much time you have to file a claim.

Why It’s Critical to Act Quickly

Even if you believe there is still time to file a lawsuit, acting quickly is important.

Early action can help:

• Preserve evidence and documentation

• Locate witnesses while memories are fresh

• Secure surveillance footage or accident reports

• Strengthen your overall case

Waiting too long can make it more difficult to gather evidence and may weaken your claim.

Get Help from an Illinois Personal Injury Attorney

Determining the statute of limitations for a personal injury claim can be more complicated than it appears—especially when exceptions or multiple parties are involved.

At Hurley McKenna & Mertz, P.C., we help injured individuals understand their legal rights, evaluate deadlines, and take action before critical filing windows expire.

If you were injured due to someone else’s negligence, contact our Illinois personal injury attorneys today for a confidential consultation and guidance on your legal options.