Illinois Statute of Limitations for Personal Injury
In Illinois, the statute of limitations for personal injury is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: 735 ILCS 5/13-202.
- Accrues on the date of injury. Discovery rule applies.
What are personal injury claims?
Claims for physical or emotional harm caused by another person's negligence or intentional act.
Details
Accrues on the date of injury. Discovery rule applies.
General Illinois Rules
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.
Other Statutes of Limitations in Illinois
Personal Injury in Other States
Frequently Asked Questions
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What is the statute of limitations for personal injury in Illinois?
The statute of limitations for personal injury in Illinois is 2 years. Citation: 735 ILCS 5/13-202.
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When does the clock start for personal injury in Illinois?
Accrues on the date of injury. Discovery rule applies.
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Can the statute of limitations for personal injury be extended in Illinois?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.