What is the personal injury statute of limitations in Illinois?

1. General Personal Injury

Illinois imposes a 2-year SOL for personal injury, wrongful death, and most tort claims under 735 ILCS 5/13-202.

2. Wrongful Death

The Illinois Wrongful Death Act (740 ILCS 180/2) provides 2 years from death, extended to 5 years if death was caused by violent intentional conduct or 1 year from criminal-case completion.

3. Medical Malpractice

Under 735 ILCS 5/13-212, the SOL is 2 years from when the injury was or should have been discovered, with a 4-year statute of repose. For minors, the period extends 8 years but cannot exceed the 22nd birthday.

4. Discovery Rule

Illinois applies the discovery rule broadly to tort claims (Knox College v. Celotex), starting limitations when the plaintiff knew or should have known of both the injury and its wrongful cause.

5. Minor / Disability Tolling

735 ILCS 5/13-211 tolls limitations during minority and legal disability; the plaintiff has 2 years from removal of the disability.

6. Government Defendant

The Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/8-101, requires suit within 1 year (medical malpractice claims against public hospitals follow the 2/4-year limits). Claims against the State go to the Court of Claims with a 1-year notice and 2-year filing deadline (705 ILCS 505/22).

7. Product Liability

735 ILCS 5/13-213 imposes 2 years from injury (or 8 years from first sale/12 from manufacture, whichever is shorter) for strict products liability.

8. Equitable Tolling / Fraudulent Concealment

735 ILCS 5/13-215 provides 5 years from discovery when the cause of action is fraudulently concealed.

9. Borrowing Statute

735 ILCS 5/13-210 borrows the shorter SOL of the foreign state when the cause arose there and the plaintiff was a non-resident.

This is legal information, not legal advice.