How Long Do You Have to File a Personal Injury Lawsuit in Illinois?

When someone is injured due to another party’s negligence, they may be entitled to compensation for medical expenses, lost wages, and pain and suffering. However, the right to pursue a claim is limited by time. In Illinois, strict filing deadlines—known as the statute of limitations—apply to personal injury lawsuits. Missing this deadline can result in losing the ability to seek compensation altogether.

The Illinois Statute of Limitations

In Illinois, the statute of limitations for most personal injury claims is two years from the date of the injury. This deadline applies to cases involving car accidents, slip and falls, medical malpractice, and other injury claims. If the lawsuit is not filed within this period, the court will likely dismiss the case.

Exceptions to the Rule

There are limited exceptions that can extend or shorten the filing period:

• Minors and Disabled Individuals: If the injured person is under 18 or legally disabled, the two-year clock may not begin until they reach legal age or the disability is lifted.
• Medical Malpractice: These cases generally must be filed within two years of discovering the injury but no later than four years from the date of the malpractice.
• Claims Against the Government: If suing a government entity, shorter notice requirements and deadlines may apply.

Why Timing Matters

Waiting too long to file a claim can make it more difficult to collect evidence, track down witnesses, or establish fault. Acting quickly ensures that your rights are protected and that your case is presented as strongly as possible.

Taking the Next Step

Understanding the statute of limitations in Illinois is crucial if you have been injured. At Halliday McCall, we assist Peoria residents with personal injury cases and help them navigate these strict deadlines. If you or a loved one has been injured, contacting an attorney promptly can protect your right to compensation.