The Illinois Personal Injury Statute of Limitations: Deadlines You Can’t Miss

When negligence or wrongful conduct causes or contributes to an accident, an injured party may be entitled to pursue compensation in an Illinois personal injury lawsuit. If you were injured in a personal injury accident, you need to be aware of the applicable Illinois statute of limitations to protect your right to pursue your claim. If you have specific questions about the statute of limitations in an Illinois personal injury accident, contact Paul Padda Law by calling (800) 712-0000 to schedule your free consultation.

What Is the Statute of Limitations in Illinois?

A statute of limitations determines how long a party has to initiate legal action.  If a party fails to initiate legal action within the applicable statute of limitations time frame, that party effectively waives their right to pursue litigation. A statute of limitation (SOL) attempts to balance Plaintiff’s rights to litigate with Defendant’s rights to defend themselves. The State has an interest in setting a deadline for initiating litigation because the more time that passes, the harder it can be to uncover evidence and locate witnesses. Memories tend to fade with the passage of time and evidence can disappear.

A statute of limitations is intended to give plaintiffs enough time to discover, investigate, and litigate a dispute while also ensuring that defendants will not have to worry about defending accusations that are decades old. For an injured victim, being mindful of the statute of limitations is crucial, even when liability appears crystal clear, because failing to file a lawsuit before the SOL expires acts to forever bar you from pursing compensation.

The General Two-Year Deadline for Illinois Injury Claims

State law dictates what the statute of limitations is for different types of litigation. In Illinois, the SOL for most personal injury cases, including car accidents, is two years. For most personal injury lawsuits, the clock starts ticking on the SOL on the date of the accident or on the date that the injury occurred. There are, however, some exceptions to this general rule. Because the SOL clock is always ticking, it is not in your best interest to “wait and see how you feel” after an accident. Consulting an experienced Illinois personal injury attorney immediately is the best way to preserve your right to hold the at-fault party accountable.

Exceptions That Can Shorten or Change the Deadline

Another reason that accident victims should seek legal guidance as soon as possible after an accident or injury is that there are exceptions to the general rule that can shorten or lengthen the statute of limitations in Illinois, such as:

• Claims Involving Minors: When a victim is a minor, the SOL “clock” starts when they turn 18, often extending the SOL by several years.
• Governmental Entities: When a defendant is a governmental entity or municipality, notice requirements may apply and the SOL may be shortened to one year.
• Discovery Rule: In certain types of personal injury cases, such as medical malpractice, the SOL timeframe may not start until you discovered, or should have discovered, the injury, potentially extending the SOL.  
• Wrongful Death: The SOL timeline for wrongful death starts on the day of death, not on the date of the underlying cause of the wrongful death.

These exceptions can be difficult to understand and apply to your situation, highlighting the importance of seeking professional guidance. For example, while the Discovery Rule can extend the SOL, there is a four-year cap and an eight-year statute of repose that also apply when calculating the filing deadline. In short, this sets an outside limit of eight years from the date of injury despite the application of the Discovery Rule.

Special Deadlines for Government & Public Entity Claims

When a governmental entity or municipality is a defendant in a personal injury lawsuit, special notice requirements and a shortened statute of limitations often apply. For example, if you were injured in a CTA bus accident, you may wish to include both the Chicago Transit Authority and the City of Chicago as defendants in your lawsuit. If so, you are required to file a formal Notice of Claim within one year of the injury, effectively shortening the SOL to one year. For federal governmental entities, formal notice is also required, though the deadline is usually two years from the date of injury. Navigating the rules and procedures that apply when a governmental entity or municipality is a potential defendant can be challenging, which is why having an experienced personal injury attorney on your side is crucial.

Car Accident Claims vs. Other Personal Injury Cases

Although car accidents, slip and fall injuries, and medical errors all fall under the umbrella of “personal injuries,” there are some important differences in the way they are typically handled and litigated. In a car accident case, the defendant is usually an individual who relies on their liability insurance to cover damages. Slip and fall cases are typically filed against a business on the basis of premises liability, while medical malpractice lawsuits require an expert witness to successfully litigate. Liability insurance will likely apply in all these situations, but it is imperative to understand that filing an insurance claim is not the same as filing a lawsuit. As such, filing an insurance claim does not stop the statute of limitations clock.

What Happens If You Miss the Statute of Limitations?

The statute of limitations deadline does not require you to conclude your lawsuit within the timeframe, but you must initiate the lawsuit to protect your right to pursue compensation and hold the at-fault party accountable. The SOL is a strict deadline and missing it effectively dismisses the case. Negotiations with insurance companies usually fall by the wayside because you have lost your leverage once you miss the SOL deadline. Although there are some exceptions that extend the SOL, the exceptions are rarely honored, making it unwise to rely on one to save a late claim.

Why Acting Early Protects Your Right to Compensation

If you were injured because of negligent or wrongful conduct, consulting with an experienced Chicago personal injury attorney as soon as possible is the key to protecting your right to maximum compensation for all your injuries. Having an experienced attorney on your side early on in the process ensures the preservation of critical evidence and witness statements, increasing the likelihood of a full and fair recovery. If you have questions about your rights as a personal injury accident victim, contact an Illinois personal injury accident attorney at Paul Padda Law by calling (800) 712-0000 to schedule your free consultation.