Understanding the Illinois Personal Injury Statute of Limitations: How Timing Affects Your Personal Injury Claim

The Illinois Personal Injury Statute of Limitations: What You Need to Know

If you’ve been injured due to someone else’s negligence—whether in a car crash, slip and fall, workplace accident, or other incident—you may be entitled to compensation. But did you know you only have two years from the date of the injury to file your claim in Illinois? This time limit is called the statute of limitations, and it could determine whether or not your case is even heard in court.

In this post, we’ll break down what the statute of limitations means, how it affects your personal injury case, and why it’s essential to take action as soon as possible.

What Is a Statute of Limitations?

The statute of limitations is a legal deadline for filing a lawsuit. In Illinois, the statute of limitations for most personal injury claims is two years from the date the injury occurred. If you try to file a claim after that window closes, the court will almost certainly dismiss your case—no matter how strong your evidence may be.

This rule applies to a wide range of personal injury cases, including:

• Car accidents

• Motorcycle and truck crashes

• Pedestrian and bicycle accidents

• Medical malpractice

• Nursing home abuse

• Slip and fall or premises liability

• Construction accidents

• Wrongful death

Why Acting Quickly Matters

Even though two years might seem like plenty of time, delays can cost you more than you think. Here's why prompt action is critical:

1. Evidence Can Disappear

Over time, crucial evidence can be lost or destroyed. Surveillance footage may be deleted, skid marks may fade, and physical injuries may heal—making them harder to document. Acting early ensures your legal team can gather the strongest possible case.

2. Witnesses May Forget Details

Eyewitnesses are more reliable when memories are fresh. The longer you wait, the more likely it is that important details will be forgotten, or witnesses may become unavailable.

3. Insurance Companies Start Immediately

Insurance adjusters begin investigating right away, and they’re not on your side. The longer you wait to hire an attorney, the more time the insurance company has to build a case against your claim.

4. Delays Can Complicate Medical Records

Gaps between the injury and seeking medical attention—or between treatment and legal action—can raise questions about the severity or cause of your injuries.

Are There Exceptions to the Rule?

In rare circumstances, Illinois law may allow you to pause or extend the statute of limitations. These exceptions include:

• Minors: If the injured person is under 18, the two-year countdown may begin when they turn 18.

• Discovery Rule: If you didn’t discover the injury immediately (common in medical malpractice cases), the clock may start when the injury is discovered—or should reasonably have been discovered.

• Disability or Incapacity: If the injured party is mentally or physically incapacitated, the timeline may be extended until they are capable of filing.

  
  

However, these exceptions are limited and often require legal interpretation, which is why consulting an attorney is so important.

Talk to a Personal Injury Attorney As Soon As Possible

If you’ve been injured, time is not on your side. The sooner you contact a personal injury attorney, the better your chances of building a strong case within the statute of limitations.

At Shay & Associates, we’ve been fighting for injury victims across Central Illinois for decades. We understand the urgency of these cases and are ready to help you move quickly and confidently through the legal process.

Don’t wait. Your future may depend on what you do next.

Ready to Get Started?

Contact Shay & Associates today for a free consultation. Let’s protect your rights before time runs out.