Attorney At Law
If you’ve been injured because of someone else’s negligence, you must be aware of deadlines to pursue your claim. Illinois law places strict deadlines on how long you have to file a personal injury claim, and missing that deadline can permanently bar you from recovering compensation—no matter how strong your case may be.
Below, we explain Illinois’ statute of limitations for personal injury cases, key exceptions, and why waiting too long can bar your claim.
The Illinois Statute of Limitations for Personal Injury Claims
In most cases, Illinois law gives you two (2) years from the date of the injury to file a personal injury lawsuit.
This deadline is set by 735 ILCS 5/13-202, which applies to common personal injury claims such as:
- Car accidents;
- Truck and motorcycle accidents;
- Slip and fall injuries;
- Dog bites;
- Assault and battery; and
- General negligence claims.
If file your lawsuit after this two-year deadline, the court will almost certainly dismiss your case, and you will lose your right to seek compensation.
When Does the Two-Year Clock Start?
In many cases, the clock starts running on the date of the accident or injury. However, Illinois law recognizes that some injuries are not immediately discoverable.
The “Discovery Rule” in Illinois
Under the discovery rule, the statute of limitations may begin when:
- You knew, or
- Reasonably should have known,
- that you were injured and that the injury was caused by someone else’s wrongful conduct.
This rule often applies in cases involving:
- Medical malpractice;
- Toxic exposure;
- Injuries that worsen over time;
These cases can be legally complex, and insurance companies often dispute when the injury was “discovered,” making early legal guidance critical.
Special Deadlines and Exceptions in Illinois
Not all personal injury cases follow the standard two-year rule. Some claims have shorter deadlines or additional requirements.
Claims Against Government Entities: If your injury involves a city, county, or state agency (for example, a crash involving a Chicago Transit Authority vehicle or a fall on public city property), special notice requirements and procedural rules under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1 et seq.) may apply. These cases often have much shorter timelines and strict filing requirements.
- Injuries to Minors: If the injured person is under 18, the standard two-year statute of limitations is “paused” (tolled) until the child turns 18. However, there are still firm deadlines, and delaying too long can limit recovery.
- Wrongful Death Claims: In Illinois, wrongful death claims generally must be filed within two years of the date of death, which may differ from the date of the injury.
Why Waiting Can Damage Your Case—Even If You’re Within the Deadline
Even if you technically have time left, waiting is risky. Delays can result in:
- Lost or destroyed evidence;
- Faded witness memories;
- Missing surveillance footage; and
- Insurance companies gaining leverage.
Early action gives your attorney the best chance to preserve evidence and build a strong case.
What Happens If You Miss the Deadline?
If the statute of limitations expires:
- Your case will likely be dismissed if filed;
- Insurance companies will refuse to negotiate with you; and
- You lose all leverage, likely permanently.
There are very few exceptions once the deadline has passed.
How an Illinois Personal Injury Attorney Can Help
Determining the correct filing deadline isn’t always straightforward. An experienced Illinois personal injury lawyer can:
- Identify the correct statute of limitations;
- Determine whether exceptions apply;
- Handle filings and deadlines; and
- Protect your right to maximum compensation.
Most personal injury attorneys offer free consultations, meaning there is no risk in getting answers early.
Don’t Wait—Protect Your Rights Today
If you or a loved one has been injured in Illinois, the clock may already be ticking. Speaking with a qualified personal injury attorney as soon as possible can help ensure you don’t lose your right to compensation. Contact an experienced Chicago personal injury lawyer today at Vaziri Law LLC to discuss your case and protect your legal rights.