Illinois Statute of Limitations Checker (Free Tool) | Chicago Accident Encyclopedia
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Illinois Statute of Limitations Checker.

Calculate your Illinois personal injury filing deadline under 735 ILCS 5/13-202, the Tort Immunity Act (745 ILCS 10/), and applicable tolling rules. Enter your accident date and case details below. This tool implements the statutory framework explained in our Illinois Law reference.

Calculator

Before you use this tool

This calculator is provided for educational and informational purposes only and does not constitute legal advice. The result generated by this tool is a general estimate based on Illinois statutes and does not account for all case-specific facts, tolling rules, fraudulent concealment, defendant absence from the state, or other circumstances that can change your actual filing deadline.

Using this tool does not create an attorney-client relationship. No information you enter is stored, transmitted, or reviewed by an attorney. Do not rely on this tool as a substitute for advice from a licensed Illinois attorney. If you have questions about your case, call (312) 278-3625 for a free consultation.

Enter your case details

The day the injury occurred. For most cases, this is when the clock starts.

Different case types have different statutes of limitations.

Your Illinois filing deadline

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Governing Statute

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Don't rely on this estimate alone. Tolling exceptions, discovery rules, and case-specific facts can change the deadline. Talk to an Illinois attorney about your specific case.

Call (312) 278-3625

The Illinois statute of limitations framework

Illinois has a structured framework of statutes of limitations governing when personal injury claims must be filed. Missing the applicable deadline is fatal: the court loses jurisdiction over an untimely filing and the case cannot be revived, no matter how strong the underlying facts.

735 ILCS 5/13-202
Two-year personal injury statute. The default rule for most personal injury claims including car, truck, motorcycle, rideshare, pedestrian, and bicycle accidents.
740 ILCS 180/2
Wrongful death two-year statute. Claims must be filed within two years of the date of death (not the date of the underlying injury).
745 ILCS 10/8-101
Tort Immunity Act one-year deadline. Claims against local government entities and employees must be filed within one year. Cuts the deadline in half. Critical when government vehicles or road conditions are involved.
735 ILCS 5/13-211
Tolling for minors and legal disability. Statute is tolled until the minor reaches 18 (or the disability is removed).
735 ILCS 5/13-212
Medical malpractice. Two years from discovery, with a four-year outer limit (statute of repose). Special tolling rules for minors.
735 ILCS 5/13-213
Product liability statute of repose. Outer limits regardless of discovery, calculated from product sale or manufacture date.
235 ILCS 5/6-21
Dram Shop Act. One-year statute of limitations for claims against alcohol providers.

The 1-year government deadline trap

The most commonly missed deadline in Illinois personal injury practice is the one-year Tort Immunity Act deadline for government claims. Plaintiffs assume they have two years, but when a government vehicle is involved, a road condition is at issue, or a government employee was the at-fault driver, the deadline collapses to one year under 745 ILCS 10/8-101.

When the 1-year rule applies

The 1-year deadline applies to claims against:

  • Cities and municipalities (Chicago, Rosemont, Schaumburg, etc.)
  • Counties (Cook, DuPage, Lake, Will, Kane, McHenry)
  • Townships and special districts
  • School districts (school buses, school employees)
  • Park districts
  • Sanitary and special purpose districts
  • Employees of all the above acting within the scope of employment

Common scenarios

  • Crash with a CTA bus, school bus, or city/county vehicle
  • Crash caused by a pothole, missing sign, or defective road condition
  • Crash caused by malfunctioning traffic signal
  • Slip-and-fall on government property
  • Crash with a police officer, firefighter, or other government employee

Tolling: when the clock pauses

Illinois recognizes several tolling provisions that pause the running of the statute of limitations:

Minority (under 18)

Under 735 ILCS 5/13-211, the statute is tolled while the plaintiff is under 18. A 10-year-old injured in an Illinois car accident has until age 20 to file (two years after turning 18). However, the Tort Immunity Act's one-year deadline against government defendants is NOT tolled by minority in the same way; consult an attorney early in any government-defendant case involving a minor.

Legal disability

735 ILCS 5/13-211 also tolls the statute for persons under legal disability, including severe cognitive impairment, mental incapacity, or other conditions making the plaintiff legally incapable. Specific application requires case-by-case analysis.

The discovery rule

Illinois applies the discovery rule in some contexts, tolling the statute until the plaintiff knows or reasonably should know of the injury and its wrongful cause. The discovery rule applies most commonly in medical malpractice, toxic tort, and product liability cases with latent injuries. The discovery rule typically does NOT extend the deadline in motor vehicle cases where the injury was apparent at the time of the crash.

Statutes of repose (outer limits)

Statutes of repose are outer limits that apply regardless of discovery. Illinois has statutes of repose for product liability (735 ILCS 5/13-213), medical malpractice (735 ILCS 5/13-212), construction (735 ILCS 5/13-214), and legal malpractice (735 ILCS 5/13-214.3).

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 personal injury claims under 735 ILCS 5/13-202. The clock starts the day the accident happens. Three critical exceptions can change this deadline: claims against government entities have only one year under the Tort Immunity Act (745 ILCS 10/), minors get tolling until age 18 under 735 ILCS 5/13-211, and the discovery rule may apply when injury was not immediately apparent.
What is the Illinois Tort Immunity Act statute of limitations?
One year under 745 ILCS 10/8-101 for tort claims against local government entities including cities, counties, school districts, park districts, and their employees. This is the most commonly missed deadline in Illinois personal injury practice because plaintiffs assume they have two years. When a government vehicle is involved, a road condition is at issue, or a government employee caused the crash, the deadline collapses to one year.
What is the statute of limitations for Illinois wrongful death cases?
Two years from the date of death under 740 ILCS 180/2, not the date of the underlying injury. Importantly, if the decedent was injured but died later from the same injuries, the clock starts on the death date, not the injury date. A separate Survival Act claim under 755 ILCS 5/27-6 preserves the decedent's pre-death claims and follows the underlying tort statute (typically two years from injury).
Does Illinois toll the statute of limitations for minors?
Yes. Under 735 ILCS 5/13-211, the statute is tolled while the plaintiff is under 18. A 10-year-old injured in an Illinois car accident has until age 20 to file (two years after turning 18). WARNING: The Tort Immunity Act's one-year deadline against government defendants may NOT be tolled by minority in the same way. In any government-defendant case involving a minor, consult an attorney immediately.
What happens if I miss the Illinois statute of limitations?
Your case is barred forever. Illinois courts lack jurisdiction over untimely filings. The court will dismiss the case on the defendant's motion regardless of how strong the underlying facts are. There is no late-filing exception, no good-cause extension, and no judicial discretion to revive a time-barred claim absent specific statutory tolling.
Important: This calculator provides a general estimate based on Illinois statutes. Tolling exceptions, discovery rules, fraudulent concealment, defendant absence from state, and case-specific facts can change your actual deadline. Do not rely on this tool as legal advice. Confirm your deadline with a licensed Illinois attorney. If you have questions about your case, call (312) 278-3625 for a free consultation.