Deadlines to File an Injury Lawsuit in Illinois

A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit.

A lawsuit for injury to real or personal property, or to recover personal property or damages for its detention or conversion, must be filed within 5 years after the cause of action accrued.

A claim against a licensed physician, dentist, registered nurse or hospital arising out of patient care must be filed within 2 years after the claimant knew or reasonably should have known of (or received written notice of) the injury or death, and never more than 4 years after the act or omission. If the patient was under 18 when the claim accrued, the limit is 8 years after the act or omission, but no later than the patient's 22nd birthday.

A wrongful death lawsuit must be filed within 2 years after the death. If the death resulted from violent intentional conduct, the deadline is 5 years; if the defendant is charged with certain homicide offenses, the suit may be filed within one year after the criminal case ends. A person entitled to benefits who was under 18 has until 2 years after turning 18.

Local governments: a lawsuit against a local public entity or its employee must generally be filed within one year from the injury or the date the claim accrued (patient-care claims follow a 2-year/4-year rule). State: tort claims against the State go to the Illinois Court of Claims. Before suing for personal injury, the claimant must file a notice with the Attorney General and the Clerk of the Court of Claims within 1 year of the injury (for a death, within 1 year of the death or the representative's appointment), unless the claim itself is filed within that year. Tort awards against the State are capped at $2,000,000 per claimant, except for cases involving State vehicles driven by State employees.