Statute of limitations in Illinois

A statute of limitations sets the window during which you can file a civil lawsuit in Illinois. Miss it, and a court can dismiss your case no matter how strong the underlying facts are. The clock runs quietly in the background while people gather records, talk with insurers, or wait to feel better. When it runs out, the door to court usually closes.

Illinois assigns different windows to different claims. Personal injury actions generally carry a two-year deadline under 735 ILCS 5/13-202. Written contracts sit at the far end, with a ten-year period under 735 ILCS 5/13-206. Between those, you will find five-year and one-year rules that depend on what happened. The figures in the table on this page reflect the general periods most claimants encounter.

Because the exact deadline turns on how a claim is characterized, two situations that look similar can carry different clocks. Reading the specific statute for your claim type is the surest way to know which window applies to a set of facts.

A limitations period does not start on some fixed calendar date. It starts when the claim accrues. For many claims, accrual happens when the harm occurs and the injured person knows, or reasonably should know, that they were hurt and that someone else may be responsible. Illinois courts call this the discovery rule, and it can push the starting point later when an injury is not obvious right away.

The discovery rule matters most where damage stays hidden. Think of a latent injury that surfaces months later, or property damage found long after the event that caused it. In those situations, the question becomes what the claimant knew and when a reasonable person would have connected the harm to a possible wrong. That inquiry is fact-specific, and it does not extend a deadline indefinitely.

Once the clock starts, it generally runs continuously. Counting the days matters, and small differences in the accrual date can change the final filing deadline. When the trigger date is unclear, careful attention to the facts and the governing statute is what settles the question.

Illinois recognizes several situations that pause, or toll, the limitations clock. When the person with the claim is a minor at the time it accrues, the law generally holds the period open until after they reach adulthood, so the clock does not simply run against a child. A similar principle applies to someone under a legal disability that keeps them from managing their affairs.

A defendant's absence from the state can also affect the count. If the person you would sue leaves Illinois or conceals themselves in a way that keeps you from bringing suit, the time they are gone may not count against you. These doctrines are narrow, and courts apply them to particular facts.

Claims against government bodies follow their own track. Suits against state or local public entities often carry special notice requirements and shorter deadlines set by statute rather than the general periods listed here. Because those rules are not reflected in this table, check the applicable Illinois statute directly, or ask a licensed attorney, before assuming the ordinary period applies.

Personal injury claims, which cover bodily harm from car crashes, falls, and similar incidents, run for two years under 735 ILCS 5/13-202. Wrongful death actions, brought when someone dies because of another party's wrongful act, also carry a two-year period under 740 ILCS 180/2. Medical malpractice, meaning injury from negligent care by a physician or other provider, likewise falls under a two-year rule at 735 ILCS 5/13-212.

Property damage claims, covering harm to real or personal property, run for five years under 735 ILCS 5/13-205. That same five-year section governs oral contracts and fraud, since Illinois groups several civil actions under 735 ILCS 5/13-205. Fraud involves a knowing misrepresentation that causes loss, while an oral contract is simply an agreement that was never put in writing.

Written contracts stand apart with a ten-year period under 735 ILCS 5/13-206, reflecting the added reliability of a signed document. Defamation, whether spoken slander or written libel, carries the shortest window on this page at one year under 735 ILCS 5/13-201. The brief period reflects how quickly reputational claims are expected to move.

Time is easier to protect early. Keep the records that show what happened and when: photographs, medical bills, repair estimates, contracts, emails, and any correspondence with the other side. Note the dates things occurred, because the accrual date often decides whether a filing is timely. Documents fade from memory and inboxes long before a case is ready.

Confirm which period applies before you rely on it. The right deadline depends on how the claim is classified, and a single event can support more than one type of claim, each with its own clock. If several periods could apply, the shortest one tends to control what you must do first. Reading the exact statute helps, and this page points to the official code for that purpose.

Talking with a licensed Illinois attorney early is a practical step, not a last resort. An attorney can confirm the accrual date, flag any exception or government notice rule that changes the math, and help you file with time to spare. This guide offers general legal information only and is not legal advice for any particular situation.