How Much Time Do I Have to File a Personal Injury Lawsuit in Illinois?

 Posted on December 22, 2025 in Personal Injury

If you have been badly hurt in an accident, most of your time has probably been focused on recovering and dealing with medical bills. However, if the accident was caused by someone else, you may be wondering if you can take legal action and how much time you have. 

Illinois law sets strict deadlines for filing personal injury lawsuits. Missing this deadline, called the "statute of limitation," can mean losing your right to compensation forever. 

Our McHenry County personal injury attorneys can make sure this doesn’t happen to you. Call us to learn more about your options after an accident.

What Is the Deadline for Filing a Personal Injury Lawsuit in Illinois?

Under 735 ILCS 5/13-202, Illinois gives you two years from the date of the accident to file a lawsuit. This applies to car accidents, slip and falls, dog bites, medical malpractice, and motorcycle accidents.

The clock starts on the day you get injured. For example, if you were injured on March 1, 2026, you have exactly two years to file from that date. If you file even one day late, the court will dismiss your case.

Limited exceptions exist. In some cases where you did not immediately know about your injury, a discovery rule can extend the deadline. However, this exception is narrow and rarely applies.

How Long Do I Have to File a Wrongful Death Lawsuit?

If your loved one died because of someone else's negligence, you have two years to file a wrongful death lawsuit under 740 ILCS 180/2. The deadline begins on the date of death, not the accident date.

If someone was injured on January 10 but died on February 20, the deadline starts February 20. Only the personal representative of the deceased's estate can file the lawsuit.

How Long Do I Have to File a Claim Against the Government?

Claims against government entities in Illinois follow much shorter deadlines. If a city employee, county worker, state agency, or any other government entity caused your injury, you must act quickly.

You have only one year from the date of injury to file a claim against the State of Illinois. Claims against the State of Illinois must be filed within one year. Claims involving local government entities can involve different rules and shorter timelines in certain situations, so acting quickly is critical.

If you miss this deadline, you lose your right to sue the government entity. Courts rarely grant exceptions.

When Does the Illinois Statute of Limitations Start and What Can Stop It?

The statute of limitations begins on your injury date. For most accidents, this is straightforward.

In medical malpractice cases, the deadline may start when you discovered the malpractice. For injuries to minors, there is often considerably more time, depending on the case. 

For wrongful death claims, the statute of limitations begins on the date of death. 

Few things can pause these deadlines. If the defendant leaves Illinois, their time out of state may not count. If you are legally incompetent, the deadline may pause. However, any exceptions to the statute of limitations are rare.

Do Insurance Negotiations Pause the Statute of Limitations Deadline?

Negotiating with an insurance company does not stop, pause, or extend the statute of limitations. The deadline continues to run even while you talk with insurance adjusters or exchange settlement offers.

Insurance companies know this. They may drag out settlement negotiations by requesting more documentation or making low offers. While you focus on negotiations, the deadline keeps ticking. Some insurance companies intentionally delay hoping you will miss the filing deadline.

What Happens if I Miss the Statute of Limitations Deadline?

If you miss the statute of limitations, you lose your right to file a lawsuit. The defendant will file a motion to dismiss, and the court will grant it. It does not matter how badly you were injured or how clear the defendant's fault is. Once the deadline passes, your case is over.

The National Safety Council estimates that nearly 250,000 people died from preventable injuries and accidents in the most recent year that data was available. That same year, an astonishing 62 million people got medical attention for an injury.

Injuries that happen because of someone else’s negligence are common and deserve justice. Don’t let yourself be just another statistic. Work with an attorney to file a claim before the deadline runs out.

Call a Lake Zurich, IL Personal Injury Attorney Today

Don’t let the statute of limitations run out on your injury claim. The sooner you start a case, the better your odds are of finding the evidence to make a strong case. 

Our local father and daughter team has more than 25 years of combined personal injury experience. We offer free consultations and work on contingency, which means you pay nothing unless we win.

Contact the experienced McHenry County personal injury attorneys with Premier Illinois Injury Lawyers at 847-796-8448 today to discuss your case and protect your rights.