How Long Do You Have to File a Personal Injury Lawsuit in Illinois? It's complicated!

If you’re hurt in Chicago or anywhere in Illinois, the clock starts ticking fast. Below is a plain-English guide to the Illinois statute of limitations injury rules, with key carve-outs that can shorten (or sometimes extend) your injury lawsuit time limit. If you have questions about how these apply to your situation, the Mannis Law team is here to help. Every case is different and it's CRUCIAL that you have the opinion of a lawyer as to the deadline in YOUR unique claim.

The standard deadline: 2 years

For most personal injury cases—car crashes, slip and falls, dog bites, assaults—you generally have two years from the date of the injury to file a lawsuit in Illinois courts.

Miss this personal injury claim deadline, and the court will likely dismiss your case, no matter how strong it might have been.

Important exceptions that change the deadline

1) Claims against cities, counties, and other local governments: 1 year

Suing a “local public entity” (like the City of Chicago) or its employees usually must be done within one year of the injury. This is much shorter than the normal two-year window.

2) Medical malpractice: discovery rule + outer cap

You have 2 years from when you knew or reasonably should have known of the injury to sue;
but no later than 4 years from the medical act/omission (a “statute of repose”).
Special rules protect minors (potentially up to 8 years, but not beyond the 22nd birthday).

3) Wrongful death: generally 2 years from the date of death

Most wrongful death cases follow a two-year period running from the date of death (not the injury date).

4) Product liability: normal limit + special 10/12-year repose

Product-related injuries must be brought within the usual applicable limitations period and—in any event—no later than 12 years from the product’s first sale by any seller or 10 years from its first sale to the initial consumer, whichever comes first (with narrow exceptions).

5) Dram Shop (alcohol overservice) claims: 1 year

If a bar or restaurant’s overservice contributes to your injuries, the Illinois Dram Shop Act sets a one-year filing deadline.

6) Claims against the State of Illinois (Court of Claims): notice within 1 year

When the State (not a city or county) is the defendant, you typically must file a notice of your claim within one year with the Court of Claims (or file the action itself within that year), or the claim can be barred.

Tolling: when the clock can pause

Illinois law recognizes limited situations that can pause (toll) the filing deadline:

Defendant out of state: time spent out of Illinois might not count toward the deadline.
Minors & people under legal disability: generally have 2 years after the disability is removed (for minors, usually two years after turning 18), subject to special rules and any applicable statutes of repose.

Because tolling is fact-specific and can interact with separate repose deadlines (which often are not tolled), talk to a lawyer quickly to protect your rights.

Practical tips to protect your claim

Don’t wait on insurance talks. Settlement negotiations don’t extend court deadlines.
Gather evidence early. Surveillance video, skid marks, and witnesses fade fast.
Ask about special defendants. Government entities, medical providers, and product manufacturers often trigger the shorter or additional rules above.
Calendar your exact date. Two years means the same calendar date two years later (e.g., an injury on March 3, 2025 typically means a March 3, 2027 filing deadline—subject to the exceptions above).