Illinois personal injury rules: deadlines, fault and government claims
Illinois generally allows two years to sue for personal injury, bars recovery when the plaintiff’s fault is more than 50%, and gives a shorter one-year period for most suits against local public entities.
These summaries describe the general rule in each cited provision. Deadlines can be shortened, extended or paused by other rules, and the correct deadline depends on the type of claim, the defendant and the facts. If a deadline may be close, speak with a lawyer licensed in Illinois promptly.
Filing deadline: personal injury
- Applies to
- Actions for damages for an injury to the person
- In plain English
- An action for personal injury generally must be commenced within two years after the cause of action accrued.
- Legal provision
- 735 ILCS 5/13-202
- Official source
- Illinois General Assembly (opens in a new tab)
- Exceptions
- The section contains exceptions, and different periods apply to some claim types (for example medical malpractice) and to claims against public entities. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Shared fault: modified comparative fault
- Applies to
- Actions for bodily injury, death or property damage based on negligence, and product liability based on strict tort liability
- In plain English
- The plaintiff is barred from recovering if their contributory fault is more than 50% of the proximate cause of the injury. If it is 50% or less, damages are reduced in proportion to the plaintiff’s fault.
- Legal provision
- 735 ILCS 5/2-1116
- Official source
- Illinois General Assembly (opens in a new tab)
- Exceptions
- The statute contains a specific exception for certain claims arising from childhood sexual abuse. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Government claims: local public entities
- Applies to
- Civil actions against an Illinois local public entity or its employees
- In plain English
- Most civil actions against a local entity or its employees for an injury must be commenced within one year from the date the injury was received or the cause of action accrued.
- Legal provision
- 745 ILCS 10/8-101(a) (Local Governmental and Governmental Employees Tort Immunity Act)
- Official source
- Illinois General Assembly (opens in a new tab)
- Exceptions
- Other subsections set different rules for certain actions, such as some medical care claims. Claims against the State of Illinois itself are subject to separate Court of Claims procedures not covered here. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
What this page does not cover
This page does not cover medical malpractice, product liability, workers’ compensation, wrongful death procedure, damage caps outside government claims, insurance minimums, or every exception within the cited statutes. ClaimSettleIQ’s Settlement Estimator does not apply these rules automatically; its fault illustration uses only the rule you select.