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 AuthorityNotice within 6 months and suit filed within 1 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.

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