The personal injury statute of limitations is the maximum amount of time an accident victim has to file a lawsuit against a defendant. Some people are surprised that they do not have an unlimited number of days to file suit, especially if they have suffered serious injuries. However, like other states, Illinois wants to create an incentive for accident victims to protect their rights in a timely manner. Will County, IL, personal injury lawyer Michael J. Lichner explains more in this article and encourages you to call our firm for personal assistance with your case.
The Personal Injury Statute of Limitations is Two Years
You can find the Illinois personal injury statute of limitations at 735 ILCS 5/13-202. The law states that in most cases, an action for damages for any injury to the person must be started within two years of the day the claim accrues.
Typically, a legal claim accrues the day you are injured in an accident. At that point, you have suffered an injury due to someone else’s negligent or intentional actions, so you have a legal right to seek compensation.
Here are examples:
- Kim is struck while crossing the street on July 1, 2025. She suffers a broken leg, back injury, and concussion. Kim has until July 1, 2027, to file a lawsuit against the negligent driver who struck her.
- Michael is sitting at a red light when a distracted driver crashes into him on Christmas 2024. He has until Christmas 2026 to file his personal injury lawsuit.
- Josiah slips and falls in a grocery store on October 15, 2024, suffering a serious back injury. Josiah has until October 15, 2026, to file his lawsuit against the grocery store for a slip and fall accident.
A Wrongful Death Case Must Start Within Two Years of Your Loved One’s Death
If you lost a parent, child, or spouse in an accident, then you have two years from the day of the death. That is when your claim accrues.
Some people do not die immediately at the accident scene but bravely hang on for days or possibly weeks, or months. The clock to file a wrongful death case will start running on the day of the death, and you have two years to file your case.
Exceptions to the Two-Year Statute of Limitations
Illinois has some narrow exceptions where a victim will have more than two years, or even possibly less than two years to file a personal injury lawsuit. Here are some examples:
- The victim is a minor. Usually, anyone who is underage when they are hurt will get two years to file a lawsuit, beginning the day they turn 18. The Illinois personal injury statute of limitations is paused until then.
- The victim is otherwise legally disabled. Someone could be in a brief coma or suffer some other legal disability. They get two years from the day the disability ends.
What Happens if You File Outside the Personal Injury Statute of Limitations?
Missing the deadline is costly. A defendant will ask the judge to dismiss the case as untimely, and judges usually agree as a matter of course. Consequently, you will be unable to sue the defendant for any compensation, even if you ended up being seriously injured and losing thousands of dollars because of the accident.
You will also lose leverage in negotiations with the defendant. It is true that most personal injury cases settle without the need for a trial. But defendants settle because they fear they might lose big in front of a jury. If you go over the statute of limitations, that fear goes away. A defendant has no incentive to offer fair compensation because they know they won’t end up paying anything if you sue them.
Call our office. We can quickly assess and verify how much time remains to file your lawsuit. If need be, we will then quickly get a lawsuit filed in an appropriate court within the statute of limitations deadline.
Deadlines when Injured by a Government Agency
Some personal injury victims are hurt by a negligent government agency or worker. For example, you might be struck by a government worker who is driving for their job. In this example, you need to bring a claim against the agency or state for compensation.
There is a one-year deadline for filing a written notice of claim with the Illinois Attorney General and the Clerk of the Court of Claims. This deadline is shorter than the two-year statute of limitations. Filing the notice protects your ability to negotiate a favorable settlement with the government.
This is an important reason to reach out to Attorney Michael J. Lichner for assistance. Our firm knows how to bring claims against government agencies when they cause personal injuries.
Why Does Illinois Have a Personal Injury Statute of Limitations?
Some people think it’s unfair to put any time limit on an injured victim’s ability to sue. After all, they have suffered serious injuries, and the defendant should not be able to walk away without paying anything.
Nonetheless, Illinois has adopted a statutory deadline, just like other states. The objective is to make sure courts decide cases using only fresh evidence. The more time that elapses from the day of the accident, the more evidence can disappear. Memories can fade. And it is harder for a defendant to mount a serious defense. A two-year deadline creates an incentive for victims to get moving and put the defendant on notice by filing suit.
Instead of arguing about whether the statute of limitations is fair, accident victims should contact an attorney to schedule a consultation as soon as possible. We can protect your rights by filing a timely lawsuit and then negotiating with the at-fault defendant.
Reach Out Today to Speak with a Will County Personal Injury Lawyer
Michael J. Lichner has an impressive history representing accident victims. His firm has won settlements and jury verdicts for people injured in different types of accidents. Every case begins with a phone call or an email. Contact us today to get started.