The statute of limitations is the time period that the law allows for asserting a claim. If a claim is not brought within the time period allowed by the statute of limitations, it will be barred. This means that even if you have a clear cut case against someone arising out of an automobile accident, the court will dismiss your claim if you do not file it within the time period allowed by the statute of limitations. Once a claim is barred by the statute of limitations, there is no chance of resurrecting it.
Not knowing the specific time period in which to bring a claim is not an excuse.
Statutes of Limitations – Illinois
| Type of cause of action |
Time in which lawsuit must be filed from the date of the accident |
| Personal injury (generally) |
2 years |
| Personal injury to minors |
The Statute of limitations begins to run on the minor's 18th birthday; then apply the Statute of Limitations for the type of claim involved |
| Personal injury actions against the State |
Notice must be filed in the Court of Claims within 1 year and suit filed within 2 years |
Dram Shop
|
1 year |
Action against school
|
Notice filed within 6 months and suit filed within 1 year |
| Local public entity |
1 year |
| Chicago Transit Authority |
Notice within 6 months and suit filed within 1 year |
| Wrongful death |
2 years from the date of death |
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 experienced personal injury attorney.
No lawyer can tell you at the beginning of your claim how much your case is worth until he or she has all the medical records, bills and wage loss analysis in hand. However, by calling
800-437-2571 anytime and explaining the specific circumstances of your accident and injuries, one of our experienced personal injury attorneys, may be able to give you a “ball park figure,” or if you prefer, may also use our convenient
Free Case Evaluation submission form.
