The Illinois statute of limitations determines how long a plaintiff has to file a civil claim. In personal injury claims, the statute of limitations in Illinois is a relatively short two years. The two-year countdown typically begins the date of the accident. However, there are certain exceptions.

735 ILCS 5/13-202 states that:

Actions for damages for an injury to the person... shall be commenced within 2 years next after the cause of action accrued

Meaning, that in order to file a lawsuit for injuries sustained in a car accident, slip and fall, product liability claim, medical malpractice case or any other type of negligence, you have two years from the date the negligence occurred to file an initial complaint in court. If you miss this deadline and try to file anyway, the defendant can file a "motion to dismiss," which will be granted in most cases.

While the statute of limitations applies to court filings, filing a claim with an insurance company quickly after your injury is still vital. If the deadline is approaching or has already past, your ability to negotiate for more money will be greatly diminished, as the other side will not have the threat of an expensive and lengthy trial hanging over their heads.

Exceptions to the Two-Year Statute of Limitations in Illinois

Illinois law does provide for several exceptions the two year limit:

• Minors and persons under legal disability (735 ILCS 5/13-211) — If you were under 18 on the date of the accident, then you have until your 20th birthday to file a claim.

  If you were under a "legal disability" as defined by 5 ILCS 70/1.06, meaning you:

  • had a "mental deterioration" or physical incapacity that disallowed you from managing your person or estate,
  • had a mental illness or developmental disability that disallowed you from managing your person or estate,
  • or gambled, were idle, were debaucherous or used alcohol or drugs excessively, and in doing so exposed you or your family to "want or suffering,"

  you have two years from the date the disability is removed if you were under the disability when you were injured. If you fell under the disability at some point after you were injured, but before the statute of limitations passed, the time you spend under the disability does not count against the two years.

• Defendant's absence from the State (735 ILCS 5/13-208) — If the defendant leaves the state of Illinois for a period of time after the injury occurred but before a lawsuit could be filed, the two year countdown will be paused until they return to the state.
• Claims against a physician or hospital (735 ILCS 5/13-212) — Medical malpractice claims must generally be filed within two years, similar to other injury and negligence claims. However, there are unique exceptions:
  • You have two years from the date you discovered, or should have discovered the injury. (Example: A surgeon leaves a sponge in your abdomen. Two weeks later, after experiencing stomach pains, you go to your general practitioner, who advises you to get X-Rays. If you get the X-Rays and they notice the sponge, then you have two years from the date the x-rays were taken. If you do not get the x-rays, you have two years from the date of the appointment with your GP, as that is the date you should have discovered the injury.)
  • If you received notice of an injury or death due to medical negligence in writing, you have two years from the date you received notice.
  • If you were under the age of 18 when the negligence occurred, you have up to 8 years to file a claim, or until your 22nd birthday, whichever comes first.
  • Under 735 ILCS 5/13-215, if the doctor or hospital fraudulently conceals the cause of your injuries, you have five years from the date that you discovered the cause.

  For non-minors, no claim can be brought after four years, even if that is how long it took to discover the injury. The same exceptions for a legal disability apply to medical malpractice cases as well.

If you are afraid that the statute of limitations for your claim may have passed, you should still talk to an attorney to see if any of the exceptions apply to you.

Under 735 ILCS 5/13-205, the Illinois statute of limitations is five years for property damage claims.