If you’re thinking about filing a lawsuit in Illinois, you need to know how much time you have to act. That deadline is called the statute of limitations, and it can determine whether you recover compensation or walk away with nothing.
In simple terms, the statute of limitations in Illinois is the legal time limit for filing a claim in court. Each type of case has its own deadline, and once that deadline passes, the court will dismiss your case no matter how strong your evidence is.
These deadlines exist to keep cases fair and based on reliable evidence. However, these rules can work against you if you wait too long. If you plan to file a lawsuit and need financial support, moving quickly can also help you access Illinois pre-settlement funding sooner, so you can stay financially stable while your case moves forward.
Key Takeaways
- The statute of limitations in Illinois is the legal deadline for filing a lawsuit. If you miss it, the court will usually dismiss your case.
- Most personal injury claims in Illinois must be filed within 2 years of the injury.[1]
- Medical malpractice claims have a 2-year discovery deadline and a 4-year statute of repose, which makes it important to speak with an attorney as soon as you suspect negligence.[2]
- Many claims against the government require early written notice within just 1 year.[3]
- Employment discrimination claims recently changed under Illinois law, and workers now have up to 2 years to file.[4]
- Because lawsuits can take months or even years to resolve, pre-settlement funding can help you cover expenses while your case proceeds.
Illinois Statutes of Limitations at a Glance
Illinois law sets different filing deadlines depending on the type of case. The table below gives you a general overview of common statutes of limitations in Illinois. Keep in mind that details can change based on your situation or statutory amendments, so you should always confirm your timeline with an attorney.
| Case Type | Statute of Limitations |
|---|---|
| Personal injury | 2 years |
| Medical malpractice | 2 years from discovery, 4 year cap |
| Wrongful death | 2 years |
| Workers’ compensation | 3 years or 2 years from last payment |
| Product liability | 2 years |
| Written contracts | 10 years |
| Oral contracts | 5 years |
| Consumer fraud | 3 years |
| Claims against government entities | 1 year local, 2 years state |
| Legal malpractice | 2 years |
| Sexual assault | Varies by age |
| Employment discrimination | 2 years |
Statutes of limitations can have exceptions and may vary depending on the type of injury or age of the victim. If you’re unsure which deadline applies, you should speak with an attorney right away.
Personal Injury Statute of Limitations
The Illinois statute of limitations for personal injury gives you 2 years from the date of your injury to file a personal injury lawsuit.[1] The clock usually starts on the date of the incident, not when symptoms appear later. A personal injury lawsuit may cover many different types of cases:
- Car accidents: The Illinois car accident statute of limitations applies when another driver causes your injuries through negligence.
- Motorcycle accidents: Riders face a higher risk of injury, which often leads to larger claims.
- Bicycle accidents: Often involve drivers failing to yield or share the road safely.
- Boating accidents: Liability may involve operators, rental companies, or equipment failures.
- Slip and fall: Property owners may be responsible for unsafe conditions like wet floors.
- Burn injuries: These can result from fires, defective products, or unsafe workplaces.
- Catastrophic injuries: These are severe injuries like paralysis or brain trauma.
- Spinal cord injuries: Often involve high medical costs and permanent disability.
- Animal bites: Illinois law holds pet owners responsible in many situations.[5]
- Assault civil claims: You may file a civil lawsuit even if criminal charges are separate.
- Construction site accidents: Third-party claims fall under personal injury, not Workers’ compensation.
- Nursing home abuse: These cases may involve neglect and unsafe conditions.
If a government entity is involved, such as a CTA bus or city vehicle, a shorter deadline may apply.
It’s also important to note that Illinois uses a modified comparative negligence rule. That means you can recover damages only if you’re less than 50 percent at fault. Also, your compensation gets reduced based on your share of fault.[6] So, for example, if you win a $100,000 verdict but are found to be 30% at fault for the incident, your verdict is reduced to $70,000.
Sexual Assault Statute of Limitations
The statute of limitations for sexual assault in Illinois follows different timelines depending on the survivor’s age and the type of claim. Civil lawsuits are cases where a survivor seeks financial compensation from the person or institution responsible for the harm.
Criminal charges are separate and are handled by prosecutors through the criminal court system. Criminal cases may have longer deadlines or, in some situations, no statute of limitations at all, depending on the offense and the facts of the case.
For adult survivors, the general rule allows 2 years from the date of the incident to file a civil claim, like a personal injury claim.[7] However, Illinois law also provides other options.
Under the Illinois Gender Violence Act, survivors may have up to 7 years to file a claim in certain cases.[8] This can apply when the harm involves gender-related violence.
For survivors of childhood sexual abuse, the law provides much broader protection. There is no statute of limitations for abuse that occurred on or after January 1, 2014. For older cases, survivors may have until age 38, or 20 years from the date they discovered the abuse, whichever is later.[9]
These rules reflect the reality that survivors may need time before coming forward. If you’re considering a claim, speaking with an attorney can help you understand your options in a way that respects your situation.
Medical Malpractice Statute of Limitations
The Illinois medical malpractice statute of limitations is 2 years from the date you knew or should have known about the injury. Illinois also sets a 4-year “absolute cap” on claims. This means you cannot file a claim more than 4 years after the medical error occurred, even if you discovered the injury later.[2]
This applies to several types of cases:
- Birth injuries: Claims may involve mistakes during pregnancy or delivery.
- Defective medical devices: These cases may overlap with product liability law.
- Nursing home abuse: When medical care or treatment decisions cause harm, malpractice rules may apply.
Special rules apply to minors, who may have up to 8 years from the injury date, but no later than age 22.[2]
Wrongful Death Statute of Limitations
Illinois gives you 2 years from the date of death to file a wrongful death lawsuit.[10] The timeline begins when the person passes away, not when they are first injured. For example, if a loved one suffers injuries in 2023 but dies in 2025, your family would typically have until 2027 to file the claim.
Wrongful death claims often involve compensation for lost income, funeral costs, and the emotional impact on surviving family members. If the death resulted from medical malpractice, the discovery rule may affect the statute of limitations in Illinois.[2]
Workers’ Compensation Statute of Limitations
Workers’ compensation claims involve injuries that happen while performing your job duties.
These claims must usually be filed within 3 years of the injury or 2 years from the last benefit payment, whichever is later. You must also notify your employer within 45 days of the injury, which is a separate deadline.[11]
Railroad workers may also have rights under the FELA (Federal Employers Liability Act). This law is separate from Workers’ compensation and has its own 3-year filing deadline.[12]
Workers’ compensation does not require you to prove fault, but it may limit the types of damages you can recover. Because of that, some injured workers may also have third-party claims that fall under personal injury law. You should speak with an attorney to determine the best way forward.
Product Liability Statute of Limitations
Product liability claims generally must be filed within 2 years of the injury.[13] Examples of these claims include:
- Defective pharmaceuticals: Medications that cause unexpected harm.
- Defective medical devices: Products that fail or cause injury after use. These claims may also have medical malpractice implications.
Illinois also applies statutes of repose, which may limit how long you have to file based on when the product was made or sold. This can create earlier deadlines than expected, so timing is very important. Speak with an attorney to determine the statute of limitations that applies to your case.
Written Contract Statute of Limitations
Illinois allows 10 years to file a claim for breach of a written contract.[14] For example, you might sue a contractor who took your money but never completed agreed-upon home repairs, or you may file a claim against a business partner who violated the terms of a signed agreement.
The clock usually starts when the breach happens, not if you later discover the financial impact. If someone makes a new written promise to pay, the clock may restart.
Oral Contract Statute of Limitations
Oral contracts generally have a 5-year statute of limitations in Illinois.[15] Oral agreements rely on spoken promises instead of signed documents.
For example, you might sue someone who verbally agreed to repay borrowed money or a client who refused to pay for services after making a verbal agreement. These cases can be harder to prove, and acting quickly can help preserve evidence and witness testimony.
Consumer Fraud Statute of Limitations
Consumer fraud claims must be filed within 3 years.[16] Consumer fraud includes deceptive business practices such as false advertising, hidden fees, or misleading product claims. These cases often involve financial harm rather than physical injury.
The timeline may pause if the Attorney General or State’s Attorney files a related action. In that case, the deadline can extend until one year after the action ends.
Because these claims often involve detailed financial records and business practices, early action can help preserve important evidence.
Legal Malpractice Statute of Limitations
Legal malpractice claims must be filed within 2 years from when the issue occurred or was discovered.[17] These cases involve situations where an attorney’s mistake caused financial harm, such as missed deadlines or poor representation.
Employment Discrimination Statute of Limitations
As of January 1, 2025, you now have 2 years to file a claim with the Illinois Department of Human Rights under Public Act 103-0973.[4] This change gives workers more time than the previous 300-day limit under state law. However, federal claims still follow a 300-day deadline through the Equal Employment Opportunity Commission.[18]
You may file with the state agency, the federal agency, or both. However, filing with one does not stop the deadline for the other. That means you need to keep track of both timelines at the same time.
Employment discrimination claims can involve wrongful termination, harassment, retaliation, or unequal treatment based on protected characteristics. Because these cases often depend on documentation and witness statements, acting early can help protect your claim.
Claims Against Government Entities
Claims involving government entities follow stricter rules and shorter deadlines than most other cases. For local entities such as cities, school districts, or public transportation systems, you typically have 1 year to file a claim.[19] You may also need to provide written notice within 6 months of the incident.
For claims against the State of Illinois, you usually have 2 years to file, but you must submit notice within 1 year.[3]
These rules often apply to:
- CTA and public transit accidents: Claims involving buses, trains, or subways may require early notice.
- Government vehicle accidents: Collisions involving city or state vehicles.
- School or municipal liability: Injuries on public property.
- Civil rights claims: Federal Section 1983 claims have a 2-year deadline.
Because these statutes of limitations in Illinois are shorter and include notice requirements, waiting too long can prevent your case from moving forward at all.
Illinois Statute of Limitations Exceptions
Some exceptions can extend or pause the statute of limitations in Illinois, but they are not automatic. You should consult an attorney to see if any of the following apply to your case:
- The discovery rule allows the clock to start when you discover your injury or when you reasonably should have discovered it.[2] This often applies in medical malpractice or hidden injury cases.
- If you’re under 18, the law may pause the statute of limitations until you reach adulthood.[20]
- If you’re legally incapacitated, such as being in a coma or having severe cognitive impairment, the timeline may pause until you recover.[20]
- If the defendant intentionally hides important facts, the law may allow up to 5 years from the date of discovery to file a claim.[21]
Thinking About Filing a Claim?
Illinois statute of limitations rules are strict. Once the time to file ends, courts will almost always refuse to hear your claim no matter how strong it is. That’s why acting quickly matters. If you think you have a case, gather your documentation early and consult an attorney as soon as possible.
Of course, fighting a legal battle takes time, and the bills don’t stop. Medical expenses, lost income, and everyday costs can pile up long before a settlement is reached. That’s where pre-settlement funding from USClaims can help. If approved, we provide you with a cash advance based on the expected value of your case. That way you can stay financially stable while your attorney fights for the compensation you deserve.
Pre-settlement funding is nonrecourse, meaning you only need to repay us if you win or settle your case. If you lose, you owe us nothing.
Apply for Illinois pre-settlement funding online today or call us at 1-877-USCLAIMS.
Illinois Statute of Limitations FAQs
What is the statute of limitations in Illinois?
The statute of limitations is the legal deadline for filing a lawsuit. In Illinois, the deadline depends on the type of case. For example, most personal injury claims must be filed within 2 years, while contract claims can have longer deadlines.[1] If you file after the deadline, the court will usually dismiss your case, which means you lose your chance to recover compensation.
What crimes have no statute of limitations in Illinois?
Some serious criminal offenses may not have a statute of limitations, meaning prosecutors can bring charges at any time. Civil claims follow different rules, and even serious injuries usually have deadlines for filing a lawsuit. If your situation involves both civil and criminal issues, speaking with an attorney can help you understand your rights and options.
*Funding subject to approval. We typically fund within 24 business-day hours after we receive a fully-executed contract. Additional restrictions may apply. Contact for details.
**2X CAP may not be applicable for all types of cases and/or jurisdictions.
Disclaimer
Throughout this website, the term “loan” may be used for convenience to describe litigation funding. However, most of our transactions are not loans in the legal sense; we only extend loans in some limited jurisdictions. Common terms like “lawsuit loan” are used colloquially but misrepresent the nature of litigation funding.
Sources
- Illinois General Assembly, “Sec. 13-202. Personal injury,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-202.htm
- Illinois General Assembly, “Sec. 13-212. Physician or hospital,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-212.htm
- Nolo.com, “Making an Injury Claim Against the Government in Illinois,” https://www.nolo.com/legal-encyclopedia/making-injury-claim-against-the-government-illinois.html
- Illinois General Assembly, “Public Act 103-0973,” https://www.ilga.gov/Legislation/publicacts/view/103-0973
- Kit Yona, M.A., FindLaw, “Illinois Dog Bite Laws,” https://www.findlaw.com/state/illinois-law/illinois-dog-bite-laws.html
- Illinois General Assembly, “Sec. 2-1116. Limitation on recovery in tort actions,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K2-1116.htm
- Sokolove Law, “Sexual Abuse Statute of Limitations,” https://www.sokolovelaw.com/personal-injury/sexual-abuse/statute-of-limitations/
- Illinois General Assembly, “Gender Violence Act,” https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2494&ChapterID=57
- Illinois General Assembly, “Sec. 13-202.2. Childhood sexual abuse,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-202.2.htm
- Illinois General Assembly, “740 ILCS 180/2,” https://www.ilga.gov/documents/legislation/ilcs/documents/074001800K2.htm
- Illinois General Assembly, “820 ILCS 305/6,” https://www.ilga.gov/Documents/legislation/ilcs/documents/082003050K6.htm
- Brotherhood of Railroad Signalmen, “About the Federal Employers’ Liability Act,” https://www.brs.org/About%20the%20Federal%20Employers.pdf
- Illinois General Assembly, “Sec. 13-213. Product liability,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-213.htm
- Illinois General Assembly, “Sec. 13-206. Ten year limitation,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-206.htm
- Illinois General Assembly, “Sec. 13-205. Five year limitation,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-205.htm
- Illinois General Assembly, “Sec. 10a. Action for actual damages,” https://www.ilga.gov/documents/legislation/ilcs/documents/081505050K10a.htm
- Illinois General Assembly, “Sec. 13-214.3. Attorneys,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-214.3.htm
- U.S. Equal Employment Opportunity Commission, “Time Limits For Filing A Charge,” https://www.eeoc.gov/time-limits-filing-charge
- Illinois General Assembly, “Local Governmental and Governmental Employees Tort Immunity Act,” https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=CIVIL%20IMMUNITIES&ActName=Local%20Governmental%20and%20Governmental%20Employees%20Tort%20Immunity%20Act.&ActID=2062&ChapterID=58&ChapAct=745+ILCS+10%2F&SeqStart=8900000&SeqEnd=9200000
- Illinois General Assembly, “Sec. 13-211. Minors and persons under legal disability,” https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K13-211.htm
- Illinois General Assembly, “Sec. 13-215. Fraudulent concealment,” https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-215.htm
