Illinois law sets strict deadlines for filing an injury lawsuit. Miss the deadline and the court will almost always dismiss your case regardless of how strong it is. Understanding which deadline applies to your situation is one of the most important early steps.
The general deadlines
- Most personal injury claims: two years from the date of injury
- Wrongful death claims: generally two years from the date of death
- Medical malpractice: generally two years from when the injury was or should have been discovered, with an outer limit of four years
- Claims involving injuries to minors: deadlines may be extended, but not indefinitely
- Property damage: typically five years
Claims against a city, county, or government body are different
If your injury involves a municipal vehicle, a public transit bus, a government-owned road or sidewalk, or a public entity, a much shorter one-year deadline commonly applies, and notice requirements can arrive even sooner. These claims are lost every year simply because no one realized the clock was different.
Why waiting hurts you even before the deadline
Evidence disappears long before the statute of limitations runs. Surveillance video is often overwritten within 30 days. Vehicles are repaired or scrapped. Skid marks fade, and witnesses forget details or move away. The earlier an attorney can send preservation letters and investigate, the stronger the claim.
Talk With a Kankakee Personal Injury Attorney — Free
Have questions about what is the deadline to file? Every case is different, and general information is no substitute for advice about your own situation. Call us or send a short message and we'll review your case at no cost and with no obligation.
This article is general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of each case.