How long do you have to sue after an injury in Illinois?
Last checked November 8, 2026
In Illinois you generally have 2 years from the date of your injury to file a lawsuit, under 735 ILCS 5/13-202. If a city, county or the state is responsible, the deadline can be much shorter: 1 year to file suit.
Calculate your deadline
Your general deadline would be
This is a general estimate. Exceptions can change it. We do not need your details to show it.
Illinois injury deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Most injuries, including car accidents | 2 years | 735 ILCS 5/13-202 |
| Wrongful death | 2 years | 740 ILCS 180/2(d) |
| Claim against the government (Local public entities) | 1 year to file suit | 745 ILCS 10/8-101(a) |
| After the government claim | 1 year to give notice | 705 ILCS 505/22-1 |
What the law says
“Actions for damages for an injury to the person [...] shall be commenced within 2 years next after the cause of action accrued”
735 ILCS 5/13-202
“commenced within one year from the date that the injury was received or the cause of action accrued”
745 ILCS 10/8-101(a)
When does the clock start?
Usually on the day you were hurt. In Illinois, 735 ILCS 5/13-202 sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.
What does not stop the clock
Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.
What happens if you miss it?
Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.
Other states with the same deadline
Sources
- 735 ILCS 5/13-202, Official text, 2026-11-08
- 740 ILCS 180/2(d), Official text, 2026-11-08
- 745 ILCS 10/8-101(a), Official text, 2026-11-08
- 705 ILCS 505/22-1, Official text, 2026-11-08