What Is the Deadline to Sue for Personal Injury in Illinois?
The Quick Answer: In Illinois, injured individuals have exactly 2 years from the date of the incident to initiate a civil lawsuit under 735 Ill. Comp. Stat. § 5/13-202. Failing to file your summons and complaint before this deadline permanently bars you from pursuing compensation in Illinois Circuit Court (Cook County Law Division), regardless of how severe your damages or liability are.
The Illinois Discovery Rule & Exceptions
Tolled until the plaintiff knows or reasonably should know that they have been injured and that the injury was wrongfully caused.
Government Entity Claims
If the at-fault party is a state, city, or county department (such as a city bus or public road defect), special administrative claim statutes apply, often requiring written notice in as little as 6 months.
Minor Tolling
If the injured person was a minor under age 18 at the time of injury, the statutory clock is generally tolled until their 18th birthday in Illinois.
Average Illinois Bodily Injury Settlement Range
Typical pain and suffering multipliers in Illinois range from 1.5x to 4.5x special economic damages. Historical average settlements fall between $30,000 – $150,000+.
Frequently Asked Questions
What is the filing deadline for personal injuries in Illinois?
Under 735 ILCS 5/13-202, actions for damages for an injury to the person must be commenced within 2 years after the cause of action accrued.
What if I am partially responsible for my accident in Illinois?
Illinois uses modified comparative negligence with a 51% bar. If you are 50% or less at fault, your recovery is reduced by your fault percentage. If 51% or higher, recovery is barred.