Missing a filing deadline can cost you the right to recover for medical bills, lost wages, and pain and suffering, even when someone else clearly caused your injury. Illinois law imposes strict time limits determining how long you must file a lawsuit after an injury. These deadlines vary by the type of claim and the defendant.
At Staver Accident Injury Lawyers, P.C., we protect injured Illinois residents by identifying the correct deadline that applies to a case and acting quickly to preserve their rights. If you were hurt in a car or truck crash, a slip and fall, by a defective product, or because of medical negligence, we can explain which deadlines apply and move fast to protect your claim.
Call 312-219-2175 or fill out our online form to schedule a free consultation with a Staver attorney about your Illinois injury claim.
Attorney Jared Staver reviewed the legal accuracy of the content on this page.
Statutes of limitations are not suggestions; they are legal deadlines. If you file after the deadline expires, the court will generally dismiss your case, and you will be barred from seeking money damages, regardless of how serious the injury or how strong the evidence. That’s why timing is one of the very first issues an experienced personal injury lawyer evaluates.
Below are the primary time limits that govern the most common types of personal injury cases in Illinois:
These are the starting points; many important exceptions, tolling rules, and special notice requirements can change the deadline in a particular case.
At Staver Accident Injury Lawyers, P.C., we act quickly to safeguard your rights before deadlines expire. We’ve helped clients across Illinois navigate the statute of limitations for car and truck accidents, slip-and-fall incidents, product liability claims, medical malpractice cases, and more.
We make sure every claim is timely, every notice is properly filed, and every opportunity for compensation is preserved. Your case matters, and we’ll fight to make sure your voice is heard.
$2,500,000 settlement for a collision when a commercial vehicle failed to yield.
$28,000 settlement when a bicyclist was struck by a car.
$25,000 settlement for a person bit by dog.
$1,457,000 settlement for a t-bone accident when a driver failed to stop at a stop sign.
Illinois law sets different deadlines depending on the type of accident, the parties involved, and how the injury occurred. Understanding these rules is critical because missing a filing deadline can permanently bar your right to compensation. Each type of claim, from car crashes to medical malpractice, has its own nuance, and identifying the correct statute of limitations early ensures your case is preserved and appropriately investigated.
Most motor-vehicle personal injury suits must be filed within two years of the crash. That deadline applies whether the at-fault party is another driver, a trucking company, or (in some instances) a municipality responsible for a dangerous roadway. Because trucking cases often involve multiple defendants (driver, carrier, vehicle owner, parts manufacturers, or maintenance contractors), we investigate quickly to identify every potentially liable party and preserve claims against each.
The general two-year limitation typically applies if you’re injured on someone else’s property. But when the property owner is a local government or public entity, different timelines and notice requirements may apply (see “Claims against government entities” below). Evidence collection is time-sensitive in slip-and-fall cases; photos, surveillance, witness contact information, and incident reports should be preserved right away.
Product cases can be complex. While many product-injury claims are governed by the two-year personal-injury deadline, Illinois law contains special rules about product liability and statutes of repose that may limit claims based on the product’s date of manufacture or first sale rather than the injury date. In some circumstances, this can create earlier cutoffs, especially for industrial equipment, medical devices, or long-latency exposures. Because of these nuances, early review by counsel is essential.
Medical malpractice claims are subject to a discovery rule: you generally have two years from the date you knew (or, through reasonable diligence, should have known) about the injury or death, but in no event more than four years from the date of the negligent act or omission. This two-and-four framework means some latent injuries discovered later may still be timely, while others are barred if the four-year outer limit has passed. Medical malpractice litigation also often requires early notice, medical records, and expert review.
Illinois law contains additional rules and exceptions that can change how the statute of limitations applies to personal injury claims. These rules can affect when the clock starts, how long you have to file, and whether certain delays are excusable. Understanding these nuances is essential, especially in complex cases like medical malpractice, product liability, or claims involving government entities, where missing a deadline can permanently bar recovery.
Illinois applies a “discovery” approach in many claims: the clock can start when the injured person knew or should have known about the injury rather than the accident date. This is especially important in cases like medical malpractice, latent product injuries, or injuries caused by delayed diagnoses. (The discovery rule is codified in some statutes like the medical-malpractice statute; courts have also applied it in other contexts.)
The law pauses (or “tolls”) the limitations period for claimants who are under a legal disability (such as minors) in certain circumstances. For example, the medical-malpractice statute explicitly addresses tolling for legal disability. If you or a loved one is a minor or was legally disabled when the injury occurred, additional time may be available to file.
If a defendant took steps to hide the injury or the cause of the injury, courts may toll the limitation period until the plaintiff discovers, or reasonably should have discovered, the concealment. Similarly, some statutes provide separate treatment for violent intentional misconduct. These are fact-specific issues that can extend deadlines when proven.
Suing a government body (state, county, or municipality) is not the same as suing a private person. Illinois law requires strict compliance with special notice and time rules under the Local Governmental and Governmental Employees Tort Immunity Act and related statutes.
For many local entities, an action against a public entity must be commenced within one year after the injury, and specific notices must be served before filing suit. Claims against the state may also have special notice requirements. Missing these procedural steps can permanently bar a recovery. If a government actor may be involved, contact an attorney immediately.
Illinois law contains additional rules and exceptions that can change how the statute of limitations applies to personal injury claims. These rules can affect when the clock starts, how long you have to file, and whether certain delays are excusable. Understanding these nuances is essential, especially in complex cases like medical malpractice, product liability, or claims involving government entities, where missing a deadline can permanently bar recovery.
Illinois applies a “discovery” approach in many claims: the clock can start when the injured person knew or should have known about the injury rather than the accident date. This is especially important in cases like medical malpractice, latent product injuries, or injuries caused by delayed diagnoses. (The discovery rule is codified in some statutes like the medical-malpractice statute; courts have also applied it in other contexts.)
The law pauses (or “tolls”) the limitations period for claimants who are under a legal disability (such as minors) in certain circumstances. For example, the medical-malpractice statute explicitly addresses tolling for legal disability. If you or a loved one is a minor or was legally disabled when the injury occurred, additional time may be available to file.
If a defendant took steps to hide the injury or the cause of the injury, courts may toll the limitation period until the plaintiff discovers, or reasonably should have discovered, the concealment. Similarly, some statutes provide separate treatment for violent intentional misconduct. These are fact-specific issues that can extend deadlines when proven.
Suing a government body (state, county, or municipality) is not the same as suing a private person. Illinois law requires strict compliance with special notice and time rules under the Local Governmental and Governmental Employees Tort Immunity Act and related statutes.
For many local entities, an action against a public entity must be commenced within one year after the injury, and specific notices must be served before filing suit. Claims against the state may also have special notice requirements. Missing these procedural steps can permanently bar a recovery. If a government actor may be involved, contact an attorney immediately.
Seek Medical Care
Your health should always come first. Even if you feel okay, injuries like whiplash, internal bleeding, or concussions may not be immediately obvious. Prompt medical attention protects your health and creates essential documentation linking your injuries to the accident.
Preserve Evidence
Evidence can disappear quickly, so it’s crucial to act right away. Take photos or videos of the accident scene, your injuries, and any damaged property. Save any physical evidence and collect names and contact information for witnesses who saw what happened.
Report the Incident
Reporting the accident helps create an official record that can support your personal injury claim. For car crashes, call the police and request a copy of the report. For workplace accidents, notify your employer promptly, and for injuries on public property, document the hazard and report it to the responsible agency.
Contact a Lawyer Immediately
Illinois law sets strict deadlines for filing personal injury claims, and cases involving government entities often have shorter notice requirements. A skilled Illinois personal injury lawyer can determine the exact statute of limitations, preserve critical evidence, and handle all communications with insurers and opposing parties. The sooner you seek legal guidance, the stronger your claim will be.
CONTACT US TODAYStaver Accident Injury Lawyers, P.C. represented me after I was hit from behind in July 2017. The staff at Staver were compassionate, understanding, and very professional. I was updated on my case status upon my request, and all of my concerns were addressed in a timely manner. My case was settled, and I received my settlement money within six months. I would definitely recommend Staver Accident Injury Lawyers, P.C.
angela callier-harris
Our awards are a testament to our ability to help our clients, and with each new award, we cement our position as leaders in meeting Chicago’s injury victims’ needs. Our business rating speaks to our commitment to our clients, and our place in the top 100 trial lawyers of America shows we’re tough opponents fighting for our clients.
At Staver Accident Injury Lawyers, P.C., we act quickly to protect your rights and preserve your ability to recover compensation. Every day that passes can affect evidence, witness testimony, and filing deadlines, so we move fast to give your claim the best chance of success.
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Illinois deadlines vary depending on the type of accident, the parties involved, and when the injury was discovered. We carefully calculate the statute of limitations or repose for your claim, identify any exceptions, and ensure no deadlines are missed. This ensures your case stays on track from the very beginning.
Specific claims, especially those involving government entities, require special notices before lawsuit filing. We prepare and submit all necessary documents within the legal timeframe to protect your right to sue. This step is critical in car, slip-and-fall, or public-property injury claims.
Evidence can disappear quickly after an accident, so timing is crucial. We gather photos, surveillance footage, and witness statements while memories are fresh. Securing this information early strengthens your claim and lays a solid foundation for negotiations or trial.
Complex cases, like medical malpractice or product liability claims, often require expert testimony to establish causation and liability. We work with trusted medical and technical experts who review records, evaluate injuries, and provide detailed analysis to support your case.
If insurers refuse fair compensation, we are prepared to take your case to court. Our attorneys have decades of trial experience and fight vigorously to recover maximum damages for medical expenses, lost income, pain and suffering, and future needs. You can focus on your recovery while we handle the legal strategy.
At Staver Accident Injury Lawyers, P.C., we take the burden off your shoulders while aggressively protecting your rights. From identifying deadlines to pursuing full compensation, we ensure every step of your Illinois personal injury claim is handled with precision and care.
It all starts with a free consultation.
In most motor vehicle injury cases, the statute of limitations is two years from the date of the crash. Because trucking claims often involve multiple defendants and separate insurance procedures, it’s important to consult a lawyer right away.
If the injury was not immediately known, Illinois law often starts the clock when you knew or reasonably should have known about it (the discovery rule). This is especially relevant in medical malpractice and some product liability cases.
Wrongful-death claims in Illinois are generally subject to a two-year limitation measured from the date of death, though limited exceptions may apply. Speak with an attorney if the death followed a prior injury or there are criminal proceedings related to the incident.
Many product-injury claims must be filed within two years of the injury. Still, product-liability law in Illinois also includes special statutes that can impose repose periods or other limitations depending on the product and circumstances. Product cases are technically complex; consult a lawyer early.
The Tort Immunity Act governs claims against local public entities and their employees and often requires filing within one year or timely serving a notice of claim before suing. State claims also have separate notice requirements. These rules differ from ordinary personal-injury deadlines and are strictly enforced.
No. Because deadlines are strict and several complex exceptions apply, you should not delay. Contact a lawyer now to preserve your rights and avoid an avoidable dismissal.
Our personal injury lawyers serve Chicago and the surrounding area:
Looking for a personal injury lawyer near you? Our downtown Chicago office allows us to help clients across the entire city and surrounding suburbs. We frequently work with injury victims in:
Downtown & Central Neighborhoods:
The Loop, River North, Streeterville, South Loop, West Loop, Fulton River District, and Gold Coast.
North Side:
Lincoln Park, Lakeview, Wrigleyville, Uptown, and Andersonville.
West & Northwest:
Logan Square, Bucktown, Wicker Park, Humboldt Park, and West Town.
South Side & South Suburbs:
Bronzeville, Hyde Park, Bridgeport, Englewood, and South Shore.
Suburban Areas We Serve from Chicago:
Oak Park, Cicero, Berwyn, Skokie, Evanston, Des Plaines, and Arlington Heights.
We’re located at 120 W Madison St in the Loop and are just steps from major CTA stops and expressways, making it easy to meet with us no matter where your accident happened. Whether you’re dealing with injuries in the city or a nearby suburb, our Chicago personal injury accident lawyers are ready to help.
CONTACT US TODAYWhen you’re fighting for maximum compensation, we know what it takes to get it.
Statutes of limitations and notice rules are technical and unforgiving. If you’ve been injured in a car or truck crash, a slip and fall, by a defective product, or through medical negligence, call 312-219-2175 or fill out our online form for a free consultation. We’ll identify the exact deadlines that apply to your case, preserve evidence, and take action to secure the compensation you need for medical care, lost income, and future needs.
Staver Accident Injury Lawyers, P.C. — experienced, prompt, and ready to fight for you.
