Illinois civil statute of limitations laws
Illinois civil statute of limitations overview
In Illinois, the statute of limitations for civil cases ranges from 1 year to 10 years depending on the type of claim. Personal injury lawsuits must be filed within 2 years, oral contract disputes within 5 years, and written contract claims within 10 years. These deadlines are strictly enforced, and missing them almost always results in permanent dismissal of the case.
| Type of civil claim | Statute of limitations |
|---|---|
| Personal injury | 2 years |
| Medical malpractice | 2 years (4-year maximum from occurrence) |
| Property damage | 5 years |
| Oral contracts | 5 years |
| Written contracts | 10 years |
| UCC sales agreements | 4 years |
| Consumer fraud | 3 years |
| Common law fraud | 5 years |
| Conversion | 5 years |
| Employment discrimination (IDHR) | 300 days (2 years starting Jan. 1, 2025) |
| Retaliatory discharge | 5 years |
| Claims against state government | 1 year |
| Claims against local government | 1 year |
| Claims against an estate | 2 years from date of death |
| Family Medical Leave Act (FMLA) | 2 years |
A statute of limitations is the legal deadline imposed by Illinois law within which a person must file a lawsuit after the event giving rise to the claim occurs. These time limits exist to ensure disputes are resolved while evidence remains available and witnesses can still recall facts accurately. The deadlines are codified in the Illinois Compiled Statutes (735 ILCS 5/13).
The clock generally begins ticking on the date the injury, breach, or other actionable event occurs. However, Illinois recognizes several exceptions that can pause ("toll") or extend the deadline under specific circumstances, including the discovery rule for hidden injuries and fraudulent concealment.
This article is for educational purposes only and does not constitute legal advice. Statutes of limitations are subject to change, and each situation is unique. Always consult a licensed Illinois attorney to determine the specific deadline that applies to your case.
Personal injury claims
Illinois allows 2 years from the date of injury to file a personal injury lawsuit. This applies to claims arising from car accidents, slip-and-fall incidents, dog bites, and other situations where someone is harmed by another party's negligence. The governing statute is 735 ILCS 5/13-202.
| Personal injury claim type | Time limit |
|---|---|
| General personal injury (negligence) | 2 years |
| Medical malpractice | 2 years from discovery (4-year cap) |
| Wrongful death | 2 years from date of death |
| Product liability | 2 years |
Medical malpractice
Medical malpractice claims follow a modified version of the 2-year rule. The deadline runs from the date the injured person knew, or reasonably should have known, about the injury. This is known as the "discovery rule." However, an absolute limit of 4 years from the date of the negligent act applies regardless of when the injury was discovered.
For minors, the deadline extends to 8 years from the date of the act or until the child's 22nd birthday, whichever comes first.
Wrongful death
Wrongful death lawsuits must be filed within 2 years of the date of death. The claim is brought by a personal representative of the deceased on behalf of surviving family members. If a personal injury claim was already pending at the time of death, it may convert into a wrongful death action.
Contract disputes
Illinois provides two distinct deadlines for contract claims: 5 years for oral contracts and 10 years for written contracts. These are among the longest statutes of limitations available in Illinois civil law, reflecting the importance of honoring contractual obligations.
| Contract type | Statute of limitations | Illinois statute |
|---|---|---|
| Written contracts | 10 years | 735 ILCS 5/13-206 |
| Oral contracts | 5 years | 735 ILCS 5/13-205 |
| UCC sales agreements | 4 years | 810 ILCS 5/2-725 |
Written contracts
For written contracts, the 10-year statute of limitations begins on the date of the breach. An important detail: if any payment or new promise to pay is made during that 10-year period, the clock resets. A new 10-year period begins from the date of the most recent payment or promise (735 ILCS 5/13-206).
Oral contracts
Oral (unwritten) contracts carry a 5-year statute of limitations under 735 ILCS 5/13-205. Proving the terms of an oral agreement becomes more difficult over time, which is one reason the deadline is shorter than for written contracts.
UCC sales agreements
Claims for breach of sales agreements governed by the Uniform Commercial Code must be filed within 4 years under 810 ILCS 5/2-725. The original agreement can reduce this period to as little as 1 year but cannot extend it beyond 4 years.
When a contract dispute falls into another legal category, the more specific statute of limitations typically applies. For example, a dispute with an architecture firm over faulty design might fall under a 4-year construction statute rather than the 10-year written contract deadline.
Property damage and conversion
Claims for property damage in Illinois must be filed within 5 years of the date the damage occurred. Conversion claims, which involve someone wrongfully taking or using another person's property, follow the same 5-year deadline under 735 ILCS 5/13-205.
| Claim type | Time limit |
|---|---|
| Property damage | 5 years |
| Conversion | 5 years |
| Construction defects | 4 years |
Property damage claims cover situations where someone's negligence or intentional act damages your real or personal property. Examples include car accidents that damage your vehicle, a neighbor's tree falling on your fence, or vandalism. The 5-year window provides adequate time to assess the damage and pursue legal action.
Fraud claims
Illinois distinguishes between consumer fraud and common law fraud, each carrying different filing deadlines. Consumer fraud claims must be brought within 3 years, while common law fraud allows 5 years.
| Fraud type | Time limit | Illinois statute |
|---|---|---|
| Consumer fraud | 3 years | 815 ILCS 505/10a(e) |
| Common law fraud | 5 years | 735 ILCS 5/13-205 |
Consumer fraud
Under the Illinois Consumer Fraud and Deceptive Business Practices Act, claims must be filed within 3 years. One notable provision: if the claim is based in whole or in part on an action brought by the Attorney General or State's Attorney, the 3-year period is suspended during that pending action and for 1 year afterward (815 ILCS 505/10a(e)).
Common law fraud
Common law fraud claims carry a 5-year statute of limitations. These claims typically involve intentional misrepresentation or deceit that causes financial harm. The discovery rule may apply, meaning the clock starts when the fraud was discovered or reasonably should have been discovered.
Importantly, these limitation periods may not apply to counterclaims or set-offs filed in a pending matter (735 ILCS 5/13-207).
Employment claims
Employment-related claims in Illinois have varying deadlines depending on the type of dispute. Discrimination charges must be filed within 300 days (or 2 years starting January 1, 2025), while retaliatory discharge and unpaid wage claims allow significantly more time.
| Employment claim type | Time limit |
|---|---|
| Discrimination (EEOC or IDHR) | 300 days (2 years starting Jan. 1, 2025 for IDHR) |
| Discrimination (Chicago/Cook County) | 180 days |
| Retaliatory discharge | 5 years |
| Unpaid wages (lawsuit) | 5 years |
| Unpaid wages (IL Dept. of Labor) | 1 year |
| Minimum wage/overtime violations | 3 years |
| FMLA violations | 2 years |
Employment discrimination
Discrimination charges filed with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR) must be submitted within 300 days of the discriminatory act. For claims filed with the Chicago Commission on Human Relations or the Cook County Commission on Human Relations, the deadline is 180 days.
A significant change took effect on January 1, 2025: the IDHR filing deadline expanded to 2 years, giving employees substantially more time to pursue discrimination claims at the state level.
Unpaid wages
If you were not paid minimum wage or are owed overtime, you have 3 years to file a claim. For general unpaid wages and vacation time, the deadline is 5 years when filing a lawsuit directly. If you choose to go through the Illinois Department of Labor instead, the filing window shrinks to just 1 year.
Retaliatory discharge
Employees who were fired for exercising a protected right (such as filing a workers' compensation claim) or for refusing to engage in illegal activity may have a retaliatory discharge claim. The statute of limitations for these cases is 5 years.
Family Medical Leave Act
FMLA claims must be filed within 2 years from the date of the last event constituting the alleged violation, as provided by 29 U.S.C. 2617(c)(1). This is a federal statute that applies uniformly across all states.
Claims against government entities
Lawsuits against government bodies in Illinois carry some of the shortest deadlines, requiring filing within just 1 year from the date of the incident. These strict timelines apply to claims against the state, local municipalities, and public transit authorities.
| Government entity | Time limit | Illinois statute |
|---|---|---|
| State of Illinois | 1 year | 705 ILCS 505/22-1 |
| Local public entities | 1 year | 745 ILCS 10/8-101 |
| Chicago Transit Authority | 1 year | 70 ILCS 3605/41 |
State actions
Claims against the State of Illinois must be filed within 1 year under 705 ILCS 505/22-1. Claimants must also file a statement with the Illinois Attorney General and the Court of Claims containing specific information: the name and residence of the injured person, the date, time, and place of the accident, a brief description, and the name of any attending physician.
Local government and transit authority claims
Claims against local public entities (cities, counties, park districts) must be filed within 1 year under the Local Governmental and Governmental Employees Tort Immunity Act. The same 1-year deadline applies to claims against the Chicago Transit Authority. Note that the former requirement to give notice to the CTA within 6 months has been repealed.
Claims against estates
Claims against the estate of a deceased person must be filed within 2 years of the decedent's death, regardless of whether a death notice was sent to creditors. Shorter deadlines may apply depending on when notice was published or delivered.
| Estate claim scenario | Time limit |
|---|---|
| From first publication of death notice | 6 months |
| From mailing/delivery of death notice | 3 months |
| Absolute bar (from date of death) | 2 years |
The estate's representative is required to notify each known creditor of the death. Once notice is provided, creditors have the later of 6 months from the first publication of the death notice or 3 months from the mailing or delivery of the notice to file their claims (755 ILCS 5/18-3).
Regardless of any notice provisions, all claims against the estate are barred 2 years after the decedent's death under 755 ILCS 5/18-12.
Income tax claims
Illinois income tax disputes have specific deadlines for both refund claims and deficiency notices.
| Tax claim type | Time limit |
|---|---|
| Income tax refund | 3 years from return date, or 1 year from payment (whichever is later) |
| Notice of deficiency (by Dept. of Revenue) | 3 years from return filing date |
Taxpayers seeking a refund must file within 3 years from the date the return was filed, or 1 year from the date the tax was paid, whichever is later (35 ILCS 5/911). The Illinois Department of Revenue must issue any notice of tax deficiency within 3 years of the date the return was filed.
Exceptions and tolling provisions
Illinois law recognizes several circumstances that can pause, extend, or modify the standard statute of limitations. These exceptions can significantly affect when the filing deadline actually expires.
| Exception type | Effect on deadline |
|---|---|
| Minors | Clock starts at age 18 |
| Legal disability (e.g., coma) | Clock starts when disability ends |
| Defendant out of state | Clock may be paused |
| Fraudulent concealment | 5 years from discovery |
| Discovery rule | Clock starts when injury is discovered |
| Death of plaintiff | Later of original deadline or 1 year after death |
| Death of defendant | Later of original deadline or 6 months after death |
Minors and persons with disabilities
Minors and individuals who are legally disabled (such as someone in a coma) generally receive additional time. The statute of limitations does not begin running until the minor turns 18 or the disability is removed. This ensures that people who lack the legal capacity to sue are not penalized for failing to act during that period.
Fraudulent concealment
When a potential defendant actively hides the fact that a person has a legal claim, the discovery rule extends the deadline. Under Illinois law, the injured party generally has 5 years from the time they discovered (or reasonably should have discovered) the concealed cause of action to file suit.
Death of a party
If the person bringing the lawsuit dies before the filing deadline, their legal representative may file until the original deadline or 1 year after the person's death, whichever is later. If the defendant dies before the deadline, the plaintiff has until the original deadline or 6 months after the defendant's death, whichever is later.
Discovery rule
In cases where an injury or wrongdoing is not immediately apparent, the discovery rule delays the start of the limitations period. The clock begins when the plaintiff knew or reasonably should have known about the injury and its cause. This rule is commonly applied in medical malpractice and fraud cases.
Consequences of missing the deadline
Filing a lawsuit after the statute of limitations has expired results in dismissal of the case in nearly every situation. Illinois courts strictly enforce these deadlines, and defendants can raise an expired statute of limitations as an affirmative defense.
Once the deadline passes, the plaintiff permanently loses the right to pursue legal action for that claim. No amount of evidence or compelling circumstances will override the expiration. Courts view these deadlines as essential to maintaining fairness and judicial efficiency.
Taking prompt action is critical. Delays in gathering evidence, locating witnesses, or finding legal representation can push a case dangerously close to the deadline. Consulting an attorney early in the process helps ensure your claim is filed well within the required timeframe.
Multiple statutes of limitations sometimes appear to apply to the same situation. In these cases, the more relevant and specific rule typically controls. An experienced Illinois attorney can determine which deadline applies to your unique circumstances.
Frequently asked questions
When does the statute of limitations start running in Illinois?
The clock generally starts on the date of the event giving rise to the claim, such as the date of injury, breach of contract, or property damage. In cases involving hidden injuries or fraud, the discovery rule may delay the start until the plaintiff knew or should have known about the issue.
Can the statute of limitations be extended?
Yes. Illinois law allows tolling (pausing) of the deadline for minors, individuals with legal disabilities, and situations involving fraudulent concealment. If a defendant leaves the state, the clock may also be paused. Each exception has specific requirements that must be met.
What happens if I file a lawsuit after the deadline?
The court will almost certainly dismiss your case. The defendant can raise the expired statute of limitations as a defense, and judges are required to enforce these deadlines. You will lose the right to seek compensation or other legal relief for that claim.
How long do I have to file a personal injury lawsuit in Illinois?
You have 2 years from the date of injury. For medical malpractice cases, the 2-year period begins from the date of discovery, but an absolute cap of 4 years from the date of the negligent act applies.
What is the statute of limitations for breach of contract in Illinois?
Written contracts have a 10-year statute of limitations, while oral contracts have a 5-year deadline. UCC sales agreements must be filed within 4 years. If a payment or new promise to pay is made on a written contract, the 10-year clock resets from that date.
How long do I have to sue a government entity in Illinois?
Claims against the State of Illinois, local public entities, and the Chicago Transit Authority must all be filed within 1 year. State claims also require filing a specific statement with the Attorney General and the Court of Claims.
Has the employment discrimination filing deadline changed?
Yes. Starting January 1, 2025, individuals filing employment discrimination charges with the Illinois Department of Human Rights have 2 years instead of the previous 300-day deadline. The 180-day deadline for the Chicago and Cook County commissions remains unchanged.