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What is the statute of limitations in Illinois?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Illinois civil limitations are codified in 735 ILCS 5/13 (Limitations).

1. Personal Injury — 2 Years

735 ILCS 5/13-202: Actions for damages for an injury to the person, or for false imprisonment, malicious prosecution, statutory penalty, or any other injury — 2 years.

2. Written Contract — 10 Years

735 ILCS 5/13-206: Actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing must be commenced within 10 years — one of the longest periods in the U.S.

3. Oral Contract — 5 Years

735 ILCS 5/13-205: Actions on unwritten contracts, expressed or implied, and all civil actions not otherwise provided for — 5 years.

4. Property Damage — 5 Years

735 ILCS 5/13-205: Actions for damage done to real or personal property — 5 years.

5. Fraud — 5 Years (Discovery Rule)

735 ILCS 5/13-205 (residual 5-year statute), accrual deferred until the plaintiff knew or reasonably should have known of the injury and its wrongful cause (Knox College v. Celotex, 88 Ill. 2d 407 (1981)).

6. Medical Malpractice — 2 Years / 4-Year Repose

735 ILCS 5/13-212(a): No action for damages against any physician, hospital, or other medical practitioner shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the injury or death, but in no event more than 4 years after the date of the act or omission. Minors: until age 22, capped by repose (§ 13-212(b)).

7. Wrongful Death — 2 Years

740 ILCS 180/2: Every action shall be commenced within 2 years after the death of such person.

8. Other Notable Periods

  • Defamation: 1 year (735 ILCS 5/13-201).
  • Construction (design/construction): 4 years from discovery, 10-year repose (735 ILCS 5/13-214).
  • Judgment: 7 years to enforce, then revive (735 ILCS 5/12-108).
  • UCC sale of goods: 4 years (810 ILCS 5/2-725).
  • Local governmental immunity: 1 year for personal injury and property damage against most local public entities (745 ILCS 10/8-101).

    • 9. Tolling

    735 ILCS 5/13-211 tolls for minority (under 18) and legal disability.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your claim is against a municipality or local government (1 year)
    • You may be near the 4-year medical malpractice repose deadline
    • You are unsure whether your contract is 'written' for the 10-year period
    Related Statutes & Laws
    • 735 ILCS 5/13-202
    • 735 ILCS 5/13-205
    • 735 ILCS 5/13-206
    • 735 ILCS 5/13-212
    • 735 ILCS 5/13-211
    • 740 ILCS 180/2
    • 745 ILCS 10/8-101

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.