The Statute Of Limitations In Illinois (2026)

What Is the Statute of Limitations in Illinois?

The statute of limitations is the deadline you must meet to still be able to recover losses. It can vary depending on the type of claim you’re filing and could be impacted by other factors, too.

Time Limits for Different Types of Legal Claims in Illinois

Sometimes, people assume that all personal injury claims have the same statute of limitations, but that is not the case. It’s essential to understand the variations in Illinois to avoid missing out on recovering your losses.

Personal Injury and Medical Malpractice Deadlines

The statute of limitations in Illinois for personal injury cases is generally two years from when you sustained the injuries. This includes everything from car accidents to product liability cases.

Medical malpractice cases give you up to two years from the date of the discovery of the injury. You have a maximum of four years from the incident of malpractice to file the claim. There are some exceptions for minors, however, and for those who were incapacitated in any way when the injury occurred.

Contract Disputes and Property Damage Time Limits

There are different timelines, too, for cases involving contract disputes. For claims dealing with written contracts, you typically have 10 years to file a claim, while for those involving oral contracts, you usually have five years to file.

In instances dealing with property damage, the statute of limitations in Illinois is usually five years. There could be exceptions to these timelines, however, depending on numerous factors, so consulting an attorney is always essential.

Criminal Charges and Statute of Limitations

If you face criminal charges, you need to be aware of the different statute of limitations in Illinois. These deadlines represent the amount of time that the state has to file a case against you. For felonies, the state generally has three years to begin a case, while for misdemeanors, the deadline is usually 18 months.

Some crimes, however, are exempt from the statute of limitations in Illinois. They can be prosecuted at any time, even if decades have passed. These include, but are not limited to:

• First-degree murder and attempted first-degree murder
• Reckless homicide and involuntary manslaughter
• Second-degree murder
• Treason
• Concealment of homicidal death
• Arson and aggravated arson
• Sexual assault and abuse against children

Additionally, leaving the scene of an accident resulting in death or injury is a crime for which you can be prosecuted at any time.

Exceptions and Special Circumstances That Extend Deadlines

When filing a personal injury claim, there are some exceptions and special circumstances that could impact the deadline you must abide by. One of these exceptions is if you were a minor at the time of the incident. The statute of limitations will typically start running when you turn 18.

There is also the discovery rule to consider. If you don’t realize that you were hurt or the defendant takes steps to conceal the harm they caused you, the clock starts running from the moment you discover or should have discovered your losses.

Government Claims and the Tort Immunity Act

If the claim involves a government entity, you will have a shorter amount of time to file. The Tort Immunity Act protects local governments and their employees from liability in instances when they cause injuries.

You may be able to file a claim against these entities if there was reckless or wanton conduct on their part, or if it involved medical malpractice. You will need to let the entity know that you’re planning on pursuing a claim before you can actually do so.

You typically only have about six months to take this step. Once you alert them, you will need to file a claim within one year if it involves reckless or wanton conduct, or within two years if there was medical negligence.

Consequences of Missing the Statute of Limitations Deadline

If you miss the statute of limitations, you will not be able to recover your losses. It will be almost impossible to find an Illinois personal injury lawyer to take on your claim, and even if you do find one, the case will be dismissed. That’s why it’s so important to begin the process as soon as possible.

Get Legal Help Before Your Statute of Limitations Expires

To prevent losing your chance to begin a claim, one of the most important things you can do is to hire representation as quickly as possible. At ConsumerShield, we can connect you with leading attorneys in your area who can help protect your claim. Contact us to learn more about our services.