The Two-Year Rule
In Illinois, the statute of limitations for most personal injury claims is two years from the date of the injury. The rule is codified at 735 ILCS 5/13-202 and covers claims arising from car accidents, falls, dog bites, and most other situations where someone else's negligence causes you harm.
Miss the deadline and the court will almost certainly dismiss your case, no matter how strong it is. The statute of limitations is one of the most unforgiving rules in civil litigation, and insurance companies count the days as carefully as anyone.
One important carve-out before going further: injuries on the job are usually governed by the Illinois workers' compensation system, which has its own claim process and its own deadlines. If you were hurt at work, do not assume the two-year personal injury rule is what applies to you.
This article is general information, not legal advice. Deadlines turn on specific facts, and the exceptions below show how much the details matter.
When the Clock Starts, and When It Does Not
For most cases, the clock starts on the date of the injury. If you are hurt in a car accident on March 15, 2026, you generally have until March 15, 2028 to file suit.
But not every injury is apparent right away. Illinois recognizes the discovery rule, which delays the start of the limitations period until you knew, or reasonably should have known, about the injury and that it was wrongfully caused. The rule matters most in cases involving:
- Medical errors that do not reveal themselves for months or years
- Toxic exposure where symptoms develop gradually
- Defective products with latent defects
The discovery rule does not remove the deadline. It moves the starting point. And courts apply "reasonably should have known" strictly: if a reasonable person in your position would have investigated sooner, you can lose the benefit of the delayed start.
Exceptions That Change the Deadline
Wrongful death: two years from the date of death. Claims under the Illinois Wrongful Death Act (740 ILCS 180) generally run from the date of death, not the date of the underlying injury.
Claims against local governments: one year. Under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101), most injury claims against a city, county, school district, park district, or their employees must be filed within one year. There is a limited exception for claims arising out of patient care, which follow a two-year discovery period with a four-year outer limit. Claims against the State of Illinois itself are different again: they generally belong in the Illinois Court of Claims, which has its own notice rules and deadlines. If a government entity might be involved, treat your timeline as short and get advice quickly.
Minors: the clock waits. If the injured person is under 18 when the claim accrues, 735 ILCS 5/13-211 gives them two years after their 18th birthday to file. A child injured at age 10 generally has until age 20. Do not let this lull the family into waiting: evidence and witnesses will not preserve themselves for a decade.
Medical malpractice: special rules. Under 735 ILCS 5/13-212, malpractice claims must be filed within two years of when the patient knew or should have known of the injury, but in no event more than four years after the negligent act or omission. That outer limit is called the statute of repose, and it can cut off a claim before the patient ever discovers it. For patients who were under 18 at the time of the malpractice, the law allows up to eight years from the act or omission, but never past the patient's 22nd birthday.
Comparative Fault: The More-Than-50% Rule
Filing on time is only half the picture. What you recover also depends on your own share of fault. Illinois follows modified comparative negligence under 735 ILCS 5/2-1116:
- Your compensation is reduced by your percentage of fault. If you are 20% at fault and your damages are $100,000, you recover $80,000.
- If your fault is more than 50% of the proximate cause of your injury, you recover nothing.
Note the threshold carefully: the bar applies when your fault exceeds 50%. A plaintiff found exactly 50% at fault still recovers half of their damages. The fight over whether a plaintiff is at 50% or 51% can be the whole case, which is why early evidence preservation matters so much. The other side's job is to move your percentage up.
Practical Steps to Protect Your Claim
Act early. Surveillance video gets overwritten, vehicles get repaired, witnesses move, and memories fade. The strongest cases are usually the ones where an attorney was involved within weeks, not months.
Document everything. Photograph the scene and your injuries, keep every medical record and bill, save your correspondence with insurers, and keep notes on how the injury affects your daily life.
Be careful with insurance adjusters. Adjusters often reach out quickly, and their goal is to resolve the claim cheaply. Do not give a recorded statement or sign anything before you have gotten advice.
Get treated, and stay treated. Prompt medical care protects your health first and your claim second. Gaps in treatment become arguments that you were not really hurt, or that something else caused the problem.
Talk to Us
If you or a loved one has been injured in the Chicago area, time is the one thing you cannot get back. Our personal injury practice offers free consultations. Contact The Law Office of Krista Krepp at contact@krepplaw.com or schedule a consultation online.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Illinois? Two years from the date of injury for most claims, under 735 ILCS 5/13-202. But the exceptions cut both ways: claims against local governments can be barred after one year, while claims for minors and late-discovered injuries can run longer. Calculate your specific deadline with counsel rather than assuming.
What is the discovery rule? It delays the start of the limitations period until you knew or reasonably should have known of your injury and that it was wrongfully caused. It applies mainly to injuries that are not immediately apparent, such as medical errors and toxic exposure. It shifts the starting point; it does not eliminate the deadline.
What if I was partly at fault for the accident? Illinois reduces your recovery by your percentage of fault, and bars recovery entirely only if your fault is more than 50%. At exactly 50%, you still recover half your damages. Because insurers work hard to push your percentage over that line, the evidence gathered early often decides the outcome.
Is the deadline different for a child who was injured? Yes. A person injured while under 18 generally has until two years after their 18th birthday to file. Medical malpractice claims for minors follow a different rule: up to eight years from the negligent act, but never past the patient's 22nd birthday.
I was hurt at work. Does the two-year rule apply? Usually not. Workplace injuries are typically covered by the Illinois workers' compensation system, which has its own claim procedures and deadlines. Some work injuries also involve claims against third parties (for example, a negligent driver or equipment maker), and those follow the personal injury rules. An attorney can sort out which applies.
What does it cost to hire a personal injury lawyer? Consultations are free, so the cost of finding out where you stand is zero. Fee arrangements depend on the case, and we discuss them candidly at the consultation, before you commit to anything.