Illinois Statute of Limitations for Personal Injury Actions

This page discusses the statute of limitations in most Illinois personal injury cases. The information on this page does not apply to every case and as a result you shouldn’t draw any final conclusions without speaking to a lawyer. For a full review and determination of how the law applies to your specific incident or injury or if you would like an attorney referral, please contact us.

Statutes of limitation restrict the time period that a person can file a lawsuit and vary from state-to-state as well as by the type of legal action involved. In Illinois, the statute of limitations for personal injury actions is generally 2 years from the accident date.

For example, if you were hit and injured in a car accident on November 22, 2009, you typically have until November 22, 2011 to file a lawsuit and attempt to recover damages against the party or parties responsible for the injury. However, as in many areas of the law, several exceptions apply.

Certain circumstances may toll the statute of limitations for personal injury cases, meaning the statute of limitations is put on hold and set aside for a period of time. Typical reasons for tolling the statute of limitations include: the age of the victim, and the mental competency of the victim.

For example, if the victim of the injury was a minor (under age 18) at the time of the injury, the statute of limitations period doesn’t start running until the minor reaches age 18. Once 18, the injured minor has two years, or until age 20, to file a personal injury action.

Another reason to toll the statute of limitations is when the victim of the injury was not mentally competent at the time the injury occurred. If an injured party is deemed to be mentally incompetent, he or she will have 2-years after the disability is removed to file his or her personal injury case. For example, a person in a coma has 2-years to file suit after he or she wakes up from the coma.

Additionally, certain personal injury cases, like sexual abuse and molestation, have longer statute of limitations depending on the age of the victim and whether the memory of the abuse has been repressed due to the trauma the abuse caused.

The statute of limitations period for personal injury cases is shorter when you are suing a government entity. Against a local public entity, such as the Chicago Fire Department, the statute of limitations to file a complaint is 1 year. If you are suing the State of Illinois, notice of intent to sue must be filed in the Court of Claims within 1 year, and the actual lawsuit must be filed within 2 years. If you are suing a school or the Chicago Transit Authority, notice of intent to sue must be given within 6 months, and the actual lawsuit must be filed within 1 year.

Oftentimes, depending on the circumstances, the state is immune from legal claims. Initiating a suit against a governmental entity requires you to fill out many complicated forms, therefore it is important to do so as soon as possible in order to be within the statute of limitations.

Suffering an injury can have very serious consequences to your life. If you are considering suing whoever caused you harm and are interested in finding the right Illinois attorney for your case, please contact us. It is imperative that you take these steps before the statue of limitations period ends.