Free consultation

What Is the Statute of Limitations for Personal Injury Cases in Illinois?

Posted on October 23, 2023

When a person in Illinois sustains an injury caused by the negligent actions of another individual, entity, or business, they may be able to recover compensation for their losses. However, there are specific guidelines in place for filing personal injury lawsuits in civil court, including the deadline for filing the claim. Here, we want to review the two-year personal injury statute of limitations to gain an understanding of what this means for you and your personal injury case.

Two-Year Illinois Personal Injury Statute of Limitations

The personal injury statute of limitations for Illinois is relayed through 735 Illinois Compiled Statutes section 5/13-202. This lays out the specific time frame that individuals have to file personal injury lawsuits against alleged negligent parties. In this state, injury victims have two years from the date an injury occurs to file their lawsuit in civil court.

If an injury victim fails to file a lawsuit within this two-year time frame, it is likely that the case will be dismissed, leaving them unable to recover any compensation for their losses.

Are There Exceptions to the Statute of Limitations?

There are various exceptions to the personal injury statute of limitations in Illinois that could alter the overall time frame beyond the two-year filing deadline. Some of the circumstances that could allow for a modified statute of limitations include:

  • If the injury victim has a legal disability (for example, if they have a temporary or permanent mental illness) at the time the incident occurs, then the individual will have two years to file their lawsuit after the disability is over.
  • If the injury victim becomes disabled at some point after the incident but before the lawsuit can be filed, this could also lead to an extension of the two-year deadline.
  • If the injury victim was under the age of 18 at the time the incident occurred, the two-year time frame will not begin until that individual turns 18.
  • If the person who allegedly caused the injury leaves the state at some point after the incident but before a lawsuit could be filed, the time they are not in Illinois will not be counted towards the two-year personal injury statute of limitations.

If you have any questions about whether or not you are too late to file your personal injury claim against another party, we encourage you to contact a lawyer for a free consultation as soon as possible.

Are There Other Deadlines to Be Aware Of?

There are other deadlines that personal injury victims should be aware of aside from the overall statute of limitations. For example, in most situations, there will be insurance carriers involved in settling a personal injury claim. These insurance carriers can be incredibly challenging to work with, and they also have their own reporting deadlines. Sometimes, these reporting deadlines are fairly quick after the incident occurs.

We encourage individuals to file claims with the appropriate insurance carriers for their situation as promptly as possible. This can help avoid any possible claim delays or denials, but it certainly does not guarantee a settlement.

A skilled personal injury lawyer can handle every aspect of the claim on your behalf, including negotiations with the insurance carriers.