Last reviewed: October 2026 by the InjuryLawResource Editorial Team. This guide is general information, not legal advice.
In Illinois you generally have two years from the date of an injury to file a personal injury lawsuit. The rule is in section 13-202 of the Code of Civil Procedure (735 ILCS 5/13-202) and covers car accidents, falls, dog bites and most other negligence claims. The deadline is much shorter when a local public body is involved: one year to sue a city, county, park district or school district, and a written notice within six months for an injury on CTA buses or trains in Chicago.
Illinois injury deadlines at a glance
| Type of claim | Deadline | Law |
|---|---|---|
| Personal injury (negligence) | 2 years from the injury | 735 ILCS 5/13-202 |
| Wrongful death | 2 years from the death (longer in some criminal cases) | 740 ILCS 180/2 |
| Medical malpractice | 2 years from when you knew or should have known of the injury, and no more than 4 years after the treatment | 735 ILCS 5/13-212(a) |
| Claim against a city, county, school district or other local body | Lawsuit within 1 year | 745 ILCS 10/8-101 |
| Claim against the CTA | Written notice within 6 months, lawsuit within 1 year | 70 ILCS 3605/41 |
| Claim against the State of Illinois | Written notice within 1 year, claim in the Court of Claims generally within 2 years | 705 ILCS 505/22, 22-1 |
When the two years start and what pauses them
The clock normally starts on the day you were injured. Illinois courts apply a discovery rule in some cases, where an injury could not reasonably have been known at the time, starting the clock when you knew or should have known you were hurt and that someone else may be responsible. For an ordinary accident, assume the date of the accident.
- Children. If the injured person is under 18, they have two years from their 18th birthday, so usually until age 20 (735 ILCS 5/13-211). Medical malpractice is stricter: 8 years from the treatment, and never after the 22nd birthday (13-212(b)).
- Legal disability. A person under a legal disability when the claim arises has two years from when the disability ends (13-211).
- Serious crimes. The two-year limit does not apply to injuries from first-degree murder or a Class X felony where the person responsible is convicted (13-202).
Claims against local government: one year
If a city, village, county, township, park district, school district or other local public body may be responsible, for example over a fall on a public sidewalk, a pothole, or a crash with a municipal vehicle, the Local Governmental and Governmental Employees Tort Immunity Act gives you one year from the injury to file the lawsuit (745 ILCS 10/8-101(a)). That is half the usual time. Medical malpractice claims against a public hospital follow the two-year, four-year rule instead (8-101(b)).
The Chicago Transit Authority has its own rule. You must file a written statement with the CTA within six months of the injury, giving your name and address, the date and approximate time of the accident, where it happened, and the name of any treating doctor. The lawsuit must be filed within one year. If the notice is not filed in time, the claim can be dismissed for good.
Claims against the State of Illinois itself, such as a state agency or state university, are heard in the Illinois Court of Claims rather than ordinary courts. You must file written notice with the Attorney General and the Clerk of the Court of Claims within one year of the injury, unless you file the claim itself within that year, and the claim must generally be filed within two years (705 ILCS 505/22, 22-1).
Car accidents in Illinois
Illinois is an at-fault state, not a no-fault state. There is no PIP requirement and no injury threshold for suing: you claim against the at-fault driver’s insurance, or sue them, for medical bills, lost income and pain and suffering. The two-year deadline applies to the lawsuit. Your own insurance policy will have shorter notice requirements, so report the accident to your insurer promptly, especially if you may need your uninsured or underinsured motorist coverage.
Medical malpractice has its own rules
A claim against a doctor, dentist, nurse or hospital must be filed within two years of when you knew, or reasonably should have known, of the injury, and in no case more than four years after the treatment that caused it (735 ILCS 5/13-212(a)). Illinois also requires a written report from a qualified health professional to be attached to the complaint, so these cases take time to prepare. Illinois does not cap damages in medical malpractice cases.
Wrongful death deadlines
A wrongful death lawsuit must normally be filed within two years of the death (740 ILCS 180/2). The period is five years if the death resulted from violent intentional conduct, and if the person responsible is charged with a homicide offense, the family can sue them within one year after the criminal case ends. Those longer periods apply only against the person who committed the act, not against anyone else who may share responsibility. Since 2023, punitive damages can be awarded in some wrongful death cases, though not in medical malpractice cases or against government bodies.
Illinois rules that affect what you can recover
- The 51% bar. Illinois uses modified comparative fault. Your compensation is reduced by your share of the blame, and if you are found more than 50% responsible you recover nothing (735 ILCS 5/2-1116). At exactly 50% you can still recover half.
- Dog bites. Under the Animal Control Act, an owner is liable when a dog, without provocation, attacks or injures someone who was behaving peaceably in a place where they were allowed to be (510 ILCS 5/16). You do not need to show the dog had bitten before. See our dog bite guide.
- No general damage caps. Illinois does not limit compensation for pain and suffering in ordinary injury or malpractice cases.
What happens if you miss the deadline
The defendant will ask the court to dismiss the case, and the court almost always will. Insurers know this, so once the deadline passes they have no reason to pay. Negotiating with an adjuster or waiting on an offer does not pause the clock. Only filing the lawsuit, or one of the exceptions above, does.
To see how this state’s fault rule compares with the rest of the country, see comparative negligence rules in all 50 states.
Frequently asked questions
Is the deadline for an Illinois car accident two years?
Yes, for a lawsuit against another driver. If a city vehicle or a road defect was involved, the lawsuit against the local government must be filed within one year, and a CTA bus or train accident needs written notice within six months.
Can I still recover if I was partly at fault?
Yes, as long as you were not more than 50% at fault. Your compensation is reduced by your percentage of fault. At 51% or more you recover nothing.
How long does a child have to file in Illinois?
Generally until two years after their 18th birthday. For medical malpractice the limit is 8 years from the treatment and never after age 22. Parents often have their own, separate claim for a child’s medical bills, which may run on the ordinary two-year deadline, so do not wait.
I was hurt in Illinois but live in another state. Which deadline applies?
Usually Illinois’s, because the case would normally be filed where the injury happened. Compare deadlines in our 50-state table, or work out your date with the deadline calculator. When you are ready, see how to find a personal injury lawyer.
Sources
- Illinois Code of Civil Procedure 735 ILCS 5/13-202, 13-211, 13-212 and 2-1116
- Wrongful Death Act, 740 ILCS 180/2
- Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/8-101; Metropolitan Transit Authority Act, 70 ILCS 3605/41; Court of Claims Act, 705 ILCS 505/22 and 22-1
- Animal Control Act, 510 ILCS 5/16
Statutes were checked against the Illinois General Assembly’s published statutes in October 2026. Deadlines depend on the facts of each case. Confirm yours with a licensed Illinois attorney.
