How Long Do You Have to File a Personal Injury Claim in Illinois? Understanding the Statute of Limitations

After suffering an injury due to someone else’s negligence, taking legal action might not be your first priority. However, waiting too long can cost you the ability to file a claim at all. Illinois law imposes strict time limits, known as statutes of limitations, that determine how long you have to pursue compensation.

Here is what you need to know about personal injury deadlines in Illinois:

The General Rule: Two Years

In most personal injury cases, including car accidents, slips and falls, and other negligence-related claims, you must file your lawsuit within two years of the date the injury occurred.

If you do not file your claim on time, the court will likely dismiss your case, and you will lose your right to seek compensation, no matter how strong your claim may be.

Exceptions to the Rule

There are some important exceptions to the two-year limit:

Medical Malpractice Claims You generally have two years from the date you knew or reasonably should have known about the injury caused by malpractice. However, under Illinois law, you must file no later than four years from the date the malpractice occurred, regardless of when you discovered it.

Injured Minors: If the injured person is under the age of 18 at the time of the accident, the statute of limitations is typically extended until two years after their 18th birthday. This gives them until age 20 to file a claim.

Claims Against Government Entities: If your injury involved a city, county, or other government agency, you may need to file a notice of claim much sooner, sometimes within one year. These cases also have different procedural rules, so it is important to consult an attorney right away.

Why Acting Quickly Matters

Even if you technically have time under the statute of limitations, delaying your case can make it more difficult to succeed. Evidence can disappear, witnesses may forget important details, and insurance companies may use any delay to challenge the seriousness of your claim.

Working with an attorney early allows your legal team to preserve key evidence, document your injuries, and build a stronger case on your behalf.

At HSPRD, our personal injury attorneys are committed to helping injured individuals understand their rights and act within the time allowed by law. If you have been injured and are not sure whether you still have time to file, do not wait. Contact us today for a free consultation.