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Illinois Statute of Limitations

Time limits for filing civil lawsuits in Illinois. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.

Data last updated: Apr 16, 2026

Key Takeaways

  • Written Contracts: 10 years (735 ILCS 5/13-206).
  • Oral Contracts: 5 years (735 ILCS 5/13-205).
  • Personal Injury: 2 years (735 ILCS 5/13-202).
  • Property Damage: 5 years (735 ILCS 5/13-205).

Illinois Statute of Limitations by Claim Type

Claim Type Time Limit Statute Notes
Written Contracts 10 years 735 ILCS 5/13-206 Accrues on the date of breach.
Oral Contracts 5 years 735 ILCS 5/13-205 Accrues on the date of breach.
Personal Injury 2 years 735 ILCS 5/13-202 Accrues on the date of injury. Discovery rule applies.
Property Damage 5 years 735 ILCS 5/13-205 Accrues when damage occurs.
Medical Malpractice 2 years 735 ILCS 5/13-212 2 years from discovery, with a 4-year statute of repose from the act. Minors under 8 have until age 8.
Debt Collection 10 years 735 ILCS 5/13-206, 5/13-205 Written debts: 10 years. Oral debts: 5 years.
Fraud 5 years 735 ILCS 5/13-205 5 years from discovery of the fraud.

General Notes for Illinois

Illinois has one of the longest limitation periods for written contracts at 10 years. The discovery rule applies broadly in Illinois, particularly for personal injury and medical malpractice. Illinois has a 4-year statute of repose for medical malpractice.

Related Resources

Frequently Asked Questions

  • What is the statute of limitations for debt in Illinois?

    Illinois allows 10 years for written debt and 5 years for oral debt. Credit card debt is generally treated as written and subject to the 10-year period.

  • How long do I have to file a personal injury lawsuit in Illinois?

    You have 2 years from the date of injury, though the discovery rule may extend this if the injury was not immediately apparent.

  • What is the statute of repose for medical malpractice in Illinois?

    Illinois has a 4-year statute of repose from the date of the act or omission, meaning no claim can be filed more than 4 years after the act regardless of when the injury is discovered.

  • Does Illinois toll the statute for minors?

    Yes. For medical malpractice, minors under 8 have until their 8th birthday to file. Other claims are tolled until the minor reaches 18.

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