How Long Do You Have to File a Personal Injury Claim in Illinois?

Bailey Rollag | Dec 23 2025 19:00

If you’ve been injured in an accident, understanding how long you have to take legal action is critical. Illinois law strictly limits the amount of time you have to file a personal injury lawsuit, and missing the deadline can mean losing your right to compensation entirely.

 

Below, an experienced Chicago injury lawyer explains the Illinois statute of limitations for personal injury claims, important exceptions, and what steps you should take to protect your case.

What Is the Illinois Statute of Limitations for Personal Injury?

Under Illinois law, the statute of limitations for most personal injury cases is two years.

 

This means you generally have two years from the date of the injury to file a lawsuit in civil court. This deadline applies to many common accident types, including:

  • Car accidents

  • Truck and motorcycle accidents

  • Slip and fall injuries

  • Pedestrian accidents

  • Dog bites

  • Other negligence-based injury claims

If you fail to file your claim within this two-year window, the court will likely dismiss your case — no matter how strong the evidence is.

When Does the Injury Claim Deadline Start?

 

In most cases, the Illinois injury claim deadline begins on the date the accident occurred. However, there are situations where the clock may start later.

 

The “Discovery Rule”

Illinois recognizes the discovery rule , which applies when an injury is not immediately apparent. In these cases, the statute of limitations may begin when:

  • The injury is discovered, or

  • The injury reasonably should have been discovered

This rule often applies in cases involving:

  • Medical malpractice

  • Toxic exposure

  • Injuries with delayed symptoms

Because these situations can be legally complex, speaking with an Illinois accident attorney as soon as possible is crucial.

Exceptions to the Two-Year Deadline in Illinois

 

Certain cases follow different timelines. Common exceptions include:

 

Claims Involving Minors

If the injured person is under 18:

  • The statute of limitations may be extended until the minor turns 18

  • However, there are still absolute deadlines that apply

Claims Against Government Entities

If your injury involves a city, county, or state entity:

  • Shorter notice deadlines may apply

  • Special filing rules must be followed

Missing these deadlines can permanently bar your claim, even if it would otherwise be valid.

Why Acting Early Matters — Even If You Have Two Years

 

Although two years may sound like plenty of time, waiting can seriously harm your case. Evidence can disappear, witnesses’ memories fade, and insurance companies may gain an advantage.

 

A knowledgeable Chicago injury lawyer can help by:

  • Preserving evidence early

  • Handling insurance company communications

  • Identifying all potential sources of compensation

  • Ensuring all deadlines are met correctly

Early legal guidance often leads to stronger claims and better outcomes.

What Happens If You Miss the Illinois Injury Claim Deadline?

 

If you file your lawsuit after the statute of limitations expires:

  • Your case will likely be dismissed

  • You lose leverage with insurance companies

  • You may forfeit all rights to compensation

This is why consulting an Illinois accident attorney promptly after an injury is one of the most important steps you can take.

Speak With a Chicago Injury Lawyer About Your Deadline

 

Every case is different, and exceptions to the statute of limitations may apply depending on your situation. If you or a loved one has been injured, speaking with an experienced Illinois accident attorney can help ensure your rights are protected and your claim is filed on time.

 

A trusted Chicago injury lawyer can review your case, explain your legal options, and guide you through the next steps with confidence.