A briefcase icon

free case review

All of our consultations are 100% FREE & confidential.

Personal Injury Statute of Limitations

When you have sustained a personal injury through the negligence of another party, you deserve compensation. Building a personal injury claim takes time, from gathering appropriate evidence and documentation to handling negotiations. However, from the moment the injury occurs, a clock starts ticking on the statute of limitations. The Illinois statute of limitations governs the amount of time a person in Chicago has to file lawsuits on a variety of actions.

For personal injury cases in Illinois, the time limit is set forth in 735 ILCS 5/13-202.

Personal Injury Statute of Limitations in Illinois

In Illinois, anyone pursuing a personal injury case has two years from the date of the accident to bring a lawsuit into action. After two years have passed, a claim will not be considered valid anymore. However, there are certain exceptions to the rule. These include:

  • When the accident resulted in death – In these cases, the claim may be filed up to one year after the date on which the person passed away.
  • Medical malpractice cases – Since injuries may not become immediately noticeable after the medical error occurs, claimants  have up to 2 years from the date they became aware of the injury.

Products liability cases – When defective products were involved any claimant has 2 to a maximum of 8 years from the date the injury was discovered.

Different Types of Personal Injury Cases

get started on your claim

let our injury lawyers focus on fighting the insurance company so that you can focus on getting better.