The statute of limitations is the period that the law allows for filing a lawsuit against the party responsible for your injuries. In Illinois, a lawsuit against the at fault driver or their insurance company, must be filed within two (2) years of the accident. If your case has not been settled and a lawsuit has not been filed within the statute of limitations, you will be barred from any further legal action against the at fault driver.
The experienced attorneys at Donald W. Fohrman & Associates, Ltd., can advise you of your Statute of Limitations and answer any questions you may have.
The chart below lists the Statute of Limitations for different types of personal injury actions in Illinois.
Statutes of Limitations - Illinois
| Type of accident | Statute of Limitations |
| 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 |
| Construction Accidents |
2 years if your are alleging unsafe construction work practices, unsafe conditions on the construction site 4 years when your theory of negligence involves negligent supervision of the work being done. |
| Work Accidents (excluding third parties) | 3 years from the date of accident or 2 years from the last date of compensation paid, whichever is later. |
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.
Note: Under the Illinois Tort Immunity Act different municipalities may have different statute of limitations depending on the type of action brought against the municipality. It is best to seek the opinion of a qualified personal injury attorney to determine the statute of limitations.
Contact Us
Call our Chicago office today at 312-288-8968 or toll free at 888-861-2510 to speak with an experienced personal injury attorney. You can also submit the Free Case Evaluation form on this website.