Author: Disparti Law Group Marketing Team
Last Updated: December 2025
Here’s something most people don’t realize until it’s too late: you can have the strongest personal injury case in the world—clear liability, catastrophic injuries, a defendant with deep pockets—and still lose because you filed your lawsuit one day late. The Illinois statute of limitations for personal injury claims is just two years, and understanding this deadline could be the difference between getting compensation and losing everything.
It happens more often than you’d think.
Illinois gives you two years to file a personal injury lawsuit. That deadline is set in stone by Illinois statute 735 ILCS 5/13-202, and Illinois courts take it seriously. Miss it by even 24 hours, and the judge will dismiss your case without looking at your evidence, your medical bills, or how badly you were hurt.
We’ve had people call our office after their deadline passed. Usually by a few weeks, sometimes by just days. These are the worst calls to take because there’s nothing we can do. A case that could have been worth $500,000 is now worth zero.
So let’s talk about how to avoid that.
When Does the 2-Year Clock Actually Start?
For most personal injury cases in Illinois, the clock starts ticking the moment you’re injured.
Car accident on June 15, 2024? You have until June 15, 2026 to file a lawsuit in Illinois court.
Slip and fall on November 3, 2024? File by November 3, 2026.
The date is straightforward in most cases. But not always.
The Illinois statute of limitations for personal injury cases is two years to file a lawsuit
What If I Didn’t Know I Was Injured Right Away?
Illinois has a “discovery rule” that says the statute of limitations doesn’t start until you knew—or should have known—that you were injured and that someone else caused it. This is one of the most commonly misunderstood aspects of the Illinois statute of limitations for personal injury claims.
This comes up most often in:
- Medical malpractice (you don’t discover a surgical error until months or years later)
- Toxic exposure cases (cancer from asbestos or chemical exposure)
- Injuries that develop over time rather than happening instantly
Here’s an example from a case we handled a few years ago: Client was rear-ended at a stoplight. She felt sore but didn’t think much of it—took some ibuprofen, went home. Three months later she developed severe headaches and numbness in her arm. An MRI revealed a herniated disc that her doctor directly attributed to the car accident.
So when did her two years start? The date of the accident, or the date she discovered the herniation?
In her case, we successfully argued the discovery rule applied, and her clock started when she got the MRI results. But here’s the thing: Illinois courts don’t just take your word for it when you claim the discovery rule. The standard is “should have known,” which means if a reasonable person would have realized something was wrong, you can’t claim ignorance.
If you had symptoms but just didn’t see a doctor, that doesn’t help you. If you had pain but hoped it would go away on its own, same problem.
The discovery rule protects people with genuinely hidden injuries. It doesn’t protect people who ignored obvious warning signs.
But there’s a hard stop: Even if the discovery rule applies, Illinois has a four-year absolute deadline from the date of injury under 735 ILCS 5/13-212 (the statute of repose). You could discover your injury in year three and still only have until year four to file.
What If My Accident Involved the City of Chicago or CTA?
If your accident involved the City of Chicago, the CTA, Chicago Public Schools, or any other government entity, forget about the two-year rule. You’re working with a one-year deadline under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101).
And that’s not all. You also have to provide written notice to the city within six months of the accident.
We see this all the time with CTA accidents. Someone gets hurt on a CTA bus or train, they file an insurance claim with the CTA, they’re going back and forth with adjusters for eight or nine months, and then they call us at month 10 to say the insurance company is lowballing them.
By that point, we have about 60 days to investigate the case, review medical records, consult with experts, and file a lawsuit. It’s doable, but barely. And if they’d called us at month 11? We’d have to tell them no.
This is one reason we focus heavily on CTA worker cases and municipal claims—we know these deadlines inside and out. When someone calls us about a government-related injury, we immediately calculate their deadlines and make sure we’re not cutting it close.
Here’s what that six-month notice requirement means: If you slipped and fell on a broken sidewalk owned by the City of Chicago on March 1, 2024, you need to send written notice to the City of Chicago Department of Law by September 1, 2024. Then you have until March 1, 2025 to file the lawsuit.
Miss the notice deadline and you’re done. Miss the lawsuit deadline and you’re done.
Do All Injuries Follow the Same 2-Year Rule?
No. Different cases have different deadlines under Illinois law:
Workers’ Compensation: 3 years from injury, or 2 years from your last payment of benefits (whichever is later) under 820 ILCS 305/6(c). But you have to notify your employer within 45 days of the injury. If you’re a CTA worker or government employee injured on the job, you might also have personal injury claims against third parties—those follow the standard 2-year deadline. We track all of this.
Wrongful Death: 2 years from the date of death, not the date of injury, under the Illinois Wrongful Death Act (740 ILCS 180/2). So if someone is injured in January 2024 and dies from those injuries in November 2025, the wrongful death lawsuit deadline is November 2027.
Medical Malpractice: 2 years from when you discover the malpractice, but with a 4-year statute of repose from the date of treatment under 735 ILCS 5/13-212 (with limited exceptions for foreign objects left inside the body).
Property Damage: 5 years under 735 ILCS 5/13-205. If a car accident damaged your vehicle but didn’t injure you, you have more time to sue for the property damage than you would for bodily injury. Strange but true.
What If I Was a Minor When I Got Injured?
If you were under 18 when you got hurt, the statute of limitations doesn’t start until your 18th birthday. So a 10-year-old injured in 2024 would have until age 20 to file a lawsuit (18th birthday + 2 years).
Parents can—and often should—file on behalf of their minor child before the child turns 18. Waiting means evidence disappears, witnesses move away, and details get fuzzy.
Mental disability works similarly: If someone is declared legally mentally incompetent, the statute of limitations pauses until they’re declared competent again. This is most common with traumatic brain injury cases. But you need official documentation—a doctor has to declare the person incompetent, and later declare them competent.
What If the Insurance Company Is Still Negotiating With Me?
This is the one that costs people the most.
Insurance adjusters will negotiate with you right up to—and past—your statute of limitations deadline. They don’t care. In fact, they benefit when you miss your deadline because suddenly your case is worth zero.
We’ve had clients tell us: “But the insurance company just made me an offer last week! They’re still talking to me, so I thought I had more time.”
Settlement negotiations do not extend the Illinois statute of limitations for personal injury cases. Filing an insurance claim does not extend it. Hiring a lawyer does not extend it.
The only thing that stops the statute of limitations clock is filing a lawsuit in court.
That means your attorney has to prepare a complaint, file it with the courthouse, serve it on the defendant, and get a case number. Until that happens, your deadline keeps ticking.
This is why we tell clients: if we’re within six months of your deadline and the insurance company isn’t making a serious offer, we’re filing the lawsuit. You can always settle after you file—in fact, most cases do settle post-filing. But filing preserves your rights.
Never let an insurance company run out your clock.
What Actually Happens If I Miss the Deadline?
The defendant’s attorney files what’s called a “motion to dismiss based on the statute of limitations.” The judge looks at the filing date of your lawsuit, looks at the date of your injury, does the math, and dismisses your case.
It doesn’t matter if you have:
- A police report showing the defendant was 100% at fault
- $800,000 in medical bills
- Permanent disability
- Three expert witnesses ready to testify
None of it matters. The case is over before it starts.
You cannot reopen it. You cannot file in a different court. You cannot argue that you didn’t understand the law or that you were gathering evidence or that your previous lawyer gave you bad advice.
The only exception—and it’s incredibly rare—is something called “equitable estoppel,” which applies when the defendant actively prevented you from filing on time through fraud or misconduct. The bar for proving this is extremely high, and most claims fail.
For all practical purposes, if you miss the statute of limitations, your case is dead.
Can’t I Just File Right Before My Deadline?
Technically yes. Practically, it’s a terrible idea.
Security footage gets deleted—usually after 30 to 90 days. Witnesses move or forget details. Physical evidence disappears. The accident scene changes. If you wait 18 months to hire a lawyer, we’re starting from a much weaker position than if you’d called us right away.
There’s also the credibility problem. Defense attorneys love to ask: “If you were really hurt that badly, why did you wait 18 months to hire a lawyer?” Juries find that question persuasive.
Plus, insurance companies know your deadline. If you show up at month 22 saying you’re ready to sue, they know you’re desperate. They’ll make worse offers because they have all the leverage.
Filing a lawsuit also takes time. We need to investigate, review medical records, consult experts, and prepare the complaint. If you call us three weeks before your deadline, we might be able to file in time—but it’ll be rushed, and rushed lawsuits are weaker lawsuits.
We always tell clients: the best time to call a lawyer is right after your accident. The second-best time is today.
What If I Think I Already Missed My Deadline?
Call a lawyer anyway.
Statute of limitations calculations can be complicated. The discovery rule might apply. You might be counting from the wrong date. There might be a tolling provision you don’t know about.
Don’t assume you’re out of time without talking to someone who knows Illinois law. Even if you’re 95% sure you missed the deadline, make the call. That 5% chance is worth finding out about.
When Should You Actually Call?
If your injury was less than 6 months ago: You have time to be thoughtful about choosing a lawyer. Do your research, meet with a few firms, find someone you trust. But don’t drag it out for a year.
If your injury was 12-18 months ago: Stop reading this and call a lawyer today. You’re past the halfway point. Investigations take time, medical records take time, expert opinions take time. You need to move.
If your injury was 18+ months ago: This is urgent. Even if the insurance company is still negotiating with you, even if you think you’re close to a settlement, call a lawyer immediately.
If you’re a CTA worker or were injured in any government-related accident: Call us the day it happens. You don’t have two years—you have one year or less.
Related Questions About Illinois Statute of Limitations
Can I file a lawsuit after 2 years in Illinois?
Generally no, unless the discovery rule applies or you qualify for tolling (minors, mental incompetence). Government claims have an even shorter 1-year deadline.
What if I didn’t know I was injured right away?
The discovery rule may apply, extending your deadline to when you knew or should have known about the injury. But Illinois has a 4-year absolute maximum under the statute of repose.
How do I sue the CTA in Chicago?
You must provide written notice within 6 months and file a lawsuit within 1 year under the Illinois Tort Immunity Act. These deadlines are strict.
What’s the statute of limitations for wrongful death in Illinois?
2 years from the date of death (not the date of injury) under 740 ILCS 180/2.
Does workers’ compensation have a different deadline?
Yes—3 years from injury or 2 years from last benefit payment under 820 ILCS 305/6(c), plus you must notify your employer within 45 days.
Call Disparti Law Now
The real deadline is today, because every day you wait makes your case harder to win.
Larry Disparti and the Disparti Law Group are Chicago’s largest personal injury law firm with over $2 billion recovered for 12,000+ clients. Our award-winning attorneys handle car accidents, truck accidents, workers’ compensation, socialsecurity disability, employment discrimination, school sex abuse, and medical malpractice cases throughout Cook County and Illinois.
Contact now. Available 24/7. No fee unless we win. 📞 (312) 600-6000
🌐 www.dispartilaw.com
