In most personal injury cases in Illinois, you have two years from the date of the accident to file a lawsuit. This legal deadline is known as the statute of limitations. If you don’t file your claim—or reach a settlement—within that window, you lose your right to pursue compensation for your injuries.
However, several important exceptions may extend or adjust this timeline.
Exceptions to the Two-Year Rule
- Minors: If the injured person is under 18, the two-year period doesn’t begin until they turn 18. This gives minors until their 20th birthday to file a personal injury lawsuit.
- Mental Disability: For individuals who have been legally deemed mentally disabled, the clock doesn’t start until their condition improves to the point where it no longer substantially limits one or more major life activities.
- Delayed Discovery of Injury: If the injury or its cause wasn’t immediately apparent—such as in cases involving toxic exposure, medical malpractice, or environmental harm—the two-year period begins when the injury is discovered or should have reasonably been discovered.
- Claims Against Government Entities: If your injury involves a local government employee or agency (e.g., a police officer, sanitation worker, or public transit agency), you may have as little as one year to file your claim.
Special Considerations for Different Case Types
- Construction: For construction-related injuries involving improvements to real property, you have 10 years from the date of the improvement, but if you discover the injury later, you have four years from the date of discovery (735 I.L.C.S. § 5/13-214).
- Medical Malpractice: These claims generally must be filed within two years of when you knew or should have known about the injury, but no more than four years from when the malpractice occurred.
- Product Liability: Claims against manufacturers must typically be filed within two years of injury discovery, but Illinois has a “statute of repose” that bars claims filed more than 10 years after the product was first sold.
- Wrongful Death: Family members have two years from the date of death, not the date of the accident that caused it.
Common Mistakes That Jeopardize Claims
- Waiting too long to seek medical attention: Creates documentation gaps that insurance companies use to dispute your claim
- Accepting early settlement offers: Insurance companies often make low initial offers before you fully understand your injuries
- Giving recorded statements: Your words may be used against you later
- Posting on social media: Public posts about your activities can undermine your injury claims
Why Timing Matters
Even if an exception might apply, it’s always in your best interest to start the legal process as soon as possible. Acting early helps:
- Preserve evidence
- Secure witness statements
- Avoid issues with documentation or expired coverage
- Maximize your chances of recovering full compensation
Our team can help evaluate your situation and determine exactly how much time you have to file. Don’t risk missing your deadline — contact us today for a free consultation and protect your right to pursue justice.
