Statutes of Limitation - Illinois

With any personal injury claim, there are important deadlines. We talk with many people every year who are unable to recover the compensation they deserve, because they waited too long to contact a lawyer. Statutes of limitation apply in all personal injury and wrongful death claims which limit the time you have to file a lawsuit on your claim. If you let the statute of limitations expire before a lawsuit is filed, you will lose all rights to prosecute your claim, and accordingly, all hope of obtaining compensation from the party(s) who caused your injuries.

Type of cause of actionTime in which lawsuit must be filed from the date of accrual of cause of action (Generally, the date the injury occurs)
Personal injury (generally)2 years
Personal injury to minorsThe Statute of limitations begins to run on the minor's 18th birthday; then apply the Statute of Limitations for the type of claim involved
Oral contracts5 years
Written contracts10 years
Personal injury actions against the StateNotice must be filed in the Court of Claims within 1 year and suit filed within 2 years
Dram Shop1 year
Workers CompensationNotice to the employer of the accident within 45 days of the accident, and a petition filed with the Industrial Commission within 3 years
Action against schoolNotice filed within 6 months and suit filed within 1 year
Local public entity1 year
Chicago Transit Authority1 year
Wrongful death2 years from the date of death
BEWARE – Statute of Limitations questions can many times be complicated. Therefore, these guidelines are not a substitute for legal research or a legal opinion. We recommend that you have any specific Statute of Limitations question carefully reviewed by an attorney.

to speak to a member of our team today.

Captcha Verification*

Dear Friends and Clients of The Law Offices of R.F Wittmeyer, Ltd.:

 We want to assure you that during this time of international emergency due to the COVID-19 virus, our law firm is continuing to serve the needs of our clients and of our community.  Our office remains open for business, but is staffed by just a few of us. To protect the safety of our employees, most of us are working remotely.

The courts, for civil matters, are essentially closed at this point.  Most of the local court systems have issued emergency orders continuing all civil cases for 30 days.  We are using this time to continue to prepare your cases for settlement or trial.

 Do not hesitate to call us or email us with your questions or concerns, or if you would like to discuss a new case, as we remain available to address your needs.

We hope that each of you and your families stay safe and healthy during this unprecedented challenge.

Yours Sincerely,

Ronald F. Wittmeyer, Jr.

Managing Attorney