Illinois Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

A comprehensive guide to Illinois' statute of limitations for civil claims. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under Illinois law.

Table of Contents

  1. Overview of Illinois Deadlines
  2. Civil Statute of Limitations by Case Type
  3. Personal Injury Claims
  4. Contract Disputes
  5. Medical Malpractice
  6. Property Damage
  7. Debt Collection
  8. Wrongful Death
  9. Claims Against Government Entities
  10. Criminal Statute of Limitations
  11. Tolling and Exceptions
  12. Legal References
  13. Frequently Asked Questions

Overview of Illinois Statute of Limitations

Written by Daniel L. Simmons, J.D. Last updated: January 2026 Fact-Checked

Illinois' statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the Illinois Code of Civil Procedure (735 ILCS 5/) and the Illinois Criminal Code (720 ILCS 5/). Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

Illinois is notable for having one of the longest statute of limitations periods for written contracts in the country — 10 years — while most other states allow only 3 to 6 years. The time limits for other claims are more typical, ranging from 1 year for defamation to 10 years for written contract disputes. Illinois also has a statute of repose concept, which sets absolute deadlines that generally cannot be tolled or extended.

Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Always verify the applicable deadline with a qualified Illinois attorney before relying on any general information.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Illinois. These are general time limits and special rules may apply depending on the specific facts of your case.

Case Type Statute of Limitations Illinois Code
Personal Injury 2 years 735 ILCS 5/13-202
Wrongful Death 2 years 735 ILCS 5/13-204
Breach of Written Contract 10 years 735 ILCS 5/13-206
Breach of Oral Contract 5 years 735 ILCS 5/13-205
Property Damage 5 years 735 ILCS 5/13-205
Medical Malpractice 2 years from discovery / 4 years from injury 735 ILCS 5/13-212
Legal Malpractice 2 years from discovery / max 6 years from wrong 735 ILCS 5/13-214.3
Fraud 5 years 735 ILCS 5/13-205
Defamation (Libel/Slander) 1 year 735 ILCS 5/13-201
Product Liability 2 years 735 ILCS 5/13-202
Debt Collection (Written Contract) 10 years 735 ILCS 5/13-206
Debt Collection (Oral Contract) 5 years 735 ILCS 5/13-205
Claims Against Local Government 1 year (notice of claim) 745 ILCS 10/8-101
Claims Against State of Illinois 2 years (Court of Claims) 705 ILCS 505/8
Childhood Sexual Abuse Age 28, or within 10 years of discovery 735 ILCS 5/13-202.2

Important: This table provides general time limits for common civil claims in Illinois. Special rules may apply for claims involving minors, government entities, medical malpractice, construction defects, and other specific situations. Always consult with a qualified Illinois attorney for advice on your particular case.

Personal Injury Claims in Illinois

Under 735 ILCS 5/13-202, Illinois' statute of limitations for personal injury claims is 2 years from the date the injury occurred. This applies to a wide range of cases, including:

  • Car accidents and motor vehicle collisions
  • Slip and fall / premises liability cases
  • Assault and battery
  • Dog bites and animal attacks
  • Workplace injuries (outside of workers' compensation)
  • Product liability injuries

Discovery Rule

Illinois courts apply the "discovery rule," which delays the start of the statute of limitations until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. The Illinois Supreme Court established this doctrine in Knox College v. Celotex Corp. (1981). This is commonly applied in toxic exposure cases, occupational diseases, and cases involving latent injuries.

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. Under 735 ILCS 5/13-211, the 2-year clock then starts on their 18th birthday, giving them until age 20 to file a lawsuit. However, there is an important exception: claims against hospitals and healthcare providers must be filed within 8 years of the injury, regardless of the plaintiff's age, unless the child is under 18.

Government claims exception: If your personal injury claim is against a local government entity (city, county, public transit authority, etc.), you must file a written notice of claim within 1 year under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101). For claims against the State of Illinois, you must file with the Illinois Court of Claims within 2 years. The regular 2-year deadline does not replace these special notice requirements.

Contract Disputes in Illinois

Illinois law distinguishes between written and oral contracts, with significantly different statute of limitations periods for each. Illinois has one of the longest written contract deadlines in the United States.

Written Contracts

Under 735 ILCS 5/13-206, the statute of limitations for breach of a written contract is 10 years from the date of the breach. This applies to employment agreements, lease agreements, business contracts, promissory notes, mortgage agreements, and other written contracts. The clock starts on the date the breach occurred. Note that this 10-year period applies only to contracts that are "unconditional" and in writing.

Oral Contracts

Under 735 ILCS 5/13-205, the statute of limitations for breach of an oral contract is 5 years from the date of the breach. Oral contracts are enforceable in Illinois for most purposes, but the shorter deadline reflects the difficulty of proving the terms of an unwritten agreement after a long period of time.

UCC Sales of Goods

For contracts involving the sale of goods, Illinois' version of the Uniform Commercial Code (810 ILCS 5/2-725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Note: Illinois' 10-year statute of limitations for written contracts is among the longest in the nation. However, many contracts include their own contractual limitations periods that may shorten the time to file suit. Always review the specific contract terms before relying on the statutory deadline.

Medical Malpractice in Illinois

Illinois' medical malpractice statute of limitations is governed by 735 ILCS 5/13-212. The rules involve multiple overlapping deadlines:

  • 2 years from the date the plaintiff discovered, or through reasonable diligence should have discovered, the injury
  • 4 years from the date of the negligent act, whichever occurs first

In addition, there is a statute of repose that bars any medical malpractice claim filed more than 8 years after the date of the negligent act, regardless of when the injury was discovered. Exceptions to the 8-year repose period include:

  • Foreign object: If a foreign object (such as a surgical instrument or sponge) was left in the patient's body, the claim may be filed within 2 years of discovery
  • Minors under 18: Children have until their 8th birthday or 2 years after discovery, whichever is later, but no later than the statute of repose
  • Fraudulent concealment: If the healthcare provider fraudulently concealed the error, the deadline may be extended

Healing Art Medical Malpractice Affidavit

Illinois requires that in medical malpractice cases, the plaintiff's attorney must file a health professional's report (affidavit from a qualified medical expert) within 90 days of filing the lawsuit, confirming that the claim has a reasonable basis. If the report is not filed within this period, the court may dismiss the case. Under 735 ILCS 5/2-622, the court may grant an extension for good cause.

Warning: Medical malpractice cases in Illinois have complex filing requirements, including the health professional's report and strict deadlines. The interplay between the 2-year discovery rule, the 4-year limitation, and the 8-year repose period makes these cases particularly time-sensitive. Consult with an Illinois medical malpractice attorney immediately if you believe you have a claim.

Property Damage Claims in Illinois

Under 735 ILCS 5/13-205, the statute of limitations for property damage claims in Illinois is 5 years. This applies to:

  • Damage to real property (land, buildings, structures)
  • Damage to personal property (vehicles, equipment, belongings)
  • Trespass to real property
  • Conversion (theft or unauthorized use of personal property)
  • Vandalism and intentional property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects or environmental contamination), the discovery rule may apply, but a separate statute of repose may also limit the time to file.

For claims against the manufacturer or installer of a product related to real property (such as construction), Illinois has a statute of repose of 10 years under 735 ILCS 5/13-214 for actions based on the design, construction, or improvement of real property.

Debt Collection in Illinois

The statute of limitations for debt collection in Illinois depends on the type of debt. Illinois has notably long deadlines for written obligations compared to most other states:

Type of Debt Statute of Limitations Legal Basis
Written contract (loans, promissory notes) 10 years 735 ILCS 5/13-206
Oral contract 5 years 735 ILCS 5/13-205
Open-ended account (credit cards) 5 years 735 ILCS 5/13-205
Auto loan deficiency 10 years 735 ILCS 5/13-206
Court judgments (enforcement) 20 years (renewable) 735 ILCS 5/12-108
State tax liability 6 years 35 ILCS 5/900

When Does the Clock Start?

For most debts, the statute of limitations starts from the date of last payment or the date of default, whichever is later. Each payment on an account may restart the clock in Illinois.

Credit Card Debt

Credit card debt in Illinois is generally treated as an oral contract with a 5-year statute of limitations, although some Illinois courts have applied the 10-year written contract limit depending on the cardholder agreement. The classification can significantly affect how long a creditor has to sue.

Important: After the statute of limitations expires, debt collectors can still attempt to collect the debt, but they cannot successfully sue you. However, making a partial payment or acknowledging the debt in writing may restart the clock. Do not make any payment or written acknowledgment on an old debt without first consulting an attorney. Illinois also has strong consumer protection laws under the Illinois Collection Agency Act that regulate debt collector conduct.

Wrongful Death Claims in Illinois

Under 735 ILCS 5/13-204, the statute of limitations for wrongful death claims in Illinois is 2 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act or negligence of another.

Wrongful death claims in Illinois must be filed by the personal representative of the decedent's estate on behalf of the surviving spouse and next of kin. Damages may include grief, sorrow, mental suffering, and loss of financial support.

Common Wrongful Death Scenarios

  • Fatal car or truck accidents
  • Medical malpractice resulting in death
  • Workplace fatalities
  • Defective products causing death
  • Intentional acts of violence
  • Premises liability (e.g., unsafe conditions leading to fatal accidents)

Survival Actions

In addition to a wrongful death claim, the estate may also bring a survival action under 735 ILCS 5/13-204 to recover damages the decedent could have recovered had they survived (such as medical expenses and pain and suffering before death). The survival action follows the same statute of limitations as the underlying claim (e.g., 2 years for personal injury).

Note: If the wrongful death claim is against a local government entity, the 1-year notice of claim requirement under the Tort Immunity Act applies. If against the State of Illinois, the 2-year Court of Claims deadline applies. These deadlines run concurrently with and may be shorter than the general 2-year wrongful death statute.

Claims Against Government Entities in Illinois

Illinois imposes significantly shorter deadlines and special procedural requirements for claims against government entities. The rules differ depending on whether the claim is against a local or state government.

Local Government Entities

Under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101), you must file a written notice of claim with the local public entity within 1 year from the date the injury was received or the cause of action accrued. This applies to claims against:

  • Cities and villages (e.g., City of Chicago)
  • Counties
  • Public school districts and universities
  • Park districts and forest preserve districts
  • Public transit authorities (e.g., CTA, Metra)
  • Any other local government entity

State of Illinois

Claims against the State of Illinois must be filed in the Illinois Court of Claims within 2 years of the date the claim accrued, under 705 ILCS 505/8. For claims based on eminent domain, the deadline is 2 years from the date of the taking.

Critical: Missing the notice of claim deadline for local government entities almost always permanently bars your claim. Unlike private lawsuits, there is very little room for late filings or exceptions. If you believe you have a claim against any government entity in Illinois, act immediately and consult with an attorney who specializes in government liability claims.

Criminal Statute of Limitations in Illinois

Illinois' criminal statute of limitations is governed by 720 ILCS 5/3-5 and 720 ILCS 5/3-6. The deadlines vary based on the severity of the offense:

Offense Type Statute of Limitations Legal Basis
Murder, second-degree murder, attempt first-degree murder, criminal solicitation to commit murder, involuntary manslaughter, reckless homicide, treason No limit 720 ILCS 5/3-5(a)
Arson, residential arson, aggravated arson No limit 720 ILCS 5/3-5(a)
Child pornography No limit 720 ILCS 5/3-5(a)
Forgery No limit 720 ILCS 5/3-5(a)
Criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child No limit 720 ILCS 5/3-5(c)
Any offense involving sexual conduct or sexual penetration of a minor (DNA profile obtained within 10 years) No limit 720 ILCS 5/3-5(c)
Theft of property exceeding $100,000 7 years from last act in furtherance 720 ILCS 5/3-5(d)
Identity theft, aggravated identity theft 7 years from last act in furtherance 720 ILCS 5/3-5(d)
Financial exploitation of an elderly person or person with a disability 7 years from last act in furtherance 720 ILCS 5/3-5(d)
Felonies (general) 3 years 720 ILCS 5/3-5(b)
Misdemeanors 18 months 720 ILCS 5/3-6(a)
Petty offenses and municipal ordinance violations 6 months 720 ILCS 5/3-6(b)

How Prosecution Officially Begins

In Illinois, criminal prosecution is considered to have commenced when any of the following occurs:

  • An indictment is found by a grand jury
  • An information is filed by the prosecutor
  • A complaint is filed charging the offense
  • An arrest warrant is issued

Challenging Expired Charges

If you believe the statute of limitations has expired on criminal charges filed against you, your attorney can file a motion to dismiss under 725 ILCS 5/114-1. The court will hold a hearing to determine whether the charges were filed within the applicable limitations period. If the court finds the charges are time-barred, they will be dismissed with prejudice (meaning they cannot be refiled).

Note: In 2019, Illinois passed Public Act 101-0591, eliminating the statute of limitations for certain felony sex offenses, particularly those involving minors. Prosecutions for criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child may be commenced at any time if DNA evidence is available that establishes the identity of the offender.

DNA Evidence and Cold Cases

Illinois law provides extended time limits for cases involving DNA evidence. If a DNA profile is obtained within 10 years of the offense and entered into a DNA database, prosecution for sexual offenses against minors may commence at any time. For other sexual offenses where DNA evidence identifies the suspect, prosecutors have 1 year after the suspect's identity is confirmed to file charges, even if the original limitations period has expired.

Tolling and Exceptions in Illinois

Under certain circumstances, Illinois law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at 735 ILCS 5/13-211. The clock starts on the plaintiff's 18th birthday. However, special rules apply for medical malpractice claims — the statute of repose may limit the extension.

Mental Incapacity

If the plaintiff lacks the legal capacity to manage their own affairs at the time the cause of action accrues, the statute of limitations may be tolled under 735 ILCS 5/13-211. This applies to persons who are of unsound mind.

Defendant's Absence from the State

Under 735 ILCS 5/13-208, if the defendant is out of the state at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence is not counted toward the limitations period.

Discovery Rule

Illinois courts recognize the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:

  • Medical malpractice (hidden injuries)
  • Toxic exposure and environmental contamination
  • Fraud and misrepresentation
  • Professional malpractice (legal, accounting)
  • Occupational diseases (e.g., asbestos-related illness)

Fraudulent Concealment

Under 735 ILCS 5/13-215, if the defendant fraudulently concealed the cause of action from the plaintiff, the statute of limitations does not begin until the plaintiff discovered or should have discovered the claim. This applies to both civil and certain criminal cases.

Military Service

Under the federal Servicemembers Civil Relief Act (SCRA), active military service may toll certain civil deadlines for service members. This is a federal protection that applies in Illinois as in all states.

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting an Illinois attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff. Missing a deadline even by one day can result in permanent dismissal of your case.

Illinois Statute of Limitations: Frequently Asked Questions

What is the statute of limitations for personal injury in Illinois?
In Illinois, the statute of limitations for personal injury claims is 2 years from the date of the injury under 735 ILCS 5/13-202. This applies to car accidents, slip and fall cases, assault, dog bites, and other injury claims. If the injury was not immediately discovered, the discovery rule may delay the start of the clock. If your claim is against a local government entity, you must file a written notice of claim within 1 year under the Tort Immunity Act.
What is the statute of limitations for medical malpractice in Illinois?
Under 735 ILCS 5/13-212, the statute of limitations for medical malpractice in Illinois is 2 years from the date the injury was discovered or reasonably should have been discovered, or 4 years from the date of the negligent act, whichever occurs first. There is also an 8-year statute of repose (absolute deadline). Exceptions exist for minors, foreign objects left in the body, and fraudulent concealment. Additionally, plaintiffs must file a health professional's report within 90 days of filing suit.
What is the statute of limitations for breach of contract in Illinois?
In Illinois, the statute of limitations for breach of a written contract is 10 years under 735 ILCS 5/13-206, one of the longest in the nation. For breach of an oral contract, the limit is 5 years under 735 ILCS 5/13-205. The clock generally starts on the date the breach occurred. Note that many contracts include their own shorter limitations periods, so always review the specific contract terms.
What is the statute of limitations for debt collection in Illinois?
In Illinois, the statute of limitations for debt collection depends on the type of debt. Written contracts and promissory notes have a 10-year limit under 735 ILCS 5/13-206. Oral contracts have a 5-year limit under 735 ILCS 5/13-205. Credit card debt is generally treated as an oral contract with a 5-year limit, though some courts have applied the 10-year written contract limit. The clock typically starts from the date of the last payment or the date of default. Making a payment or acknowledging the debt in writing may restart the clock.
How long do I have to file a claim against a government entity in Illinois?
For claims against local government entities (cities, counties, school districts, transit authorities), you must file a written notice of claim within 1 year under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101). For claims against the State of Illinois, you must file with the Illinois Court of Claims within 2 years under 705 ILCS 505/8. Missing these deadlines generally bars your claim permanently.
Can the statute of limitations be extended in Illinois?
Yes, under certain circumstances. The statute of limitations can be tolled (paused) if the plaintiff is a minor (under 18), lacks mental capacity, if the defendant has left the state, or if the discovery rule applies. Illinois also recognizes fraudulent concealment as a basis for tolling under 735 ILCS 5/13-215. The Servicemembers Civil Relief Act may also toll deadlines for active military personnel. However, these doctrines are applied narrowly by courts, and the burden of proving tolling is on the plaintiff. Always consult with an Illinois attorney to determine if tolling applies to your case.
What is the statute of limitations for childhood sexual abuse in Illinois?
Under 735 ILCS 5/13-202.2, as amended, victims of childhood sexual abuse may file a lawsuit until age 28, or within 10 years of discovering that the injury was caused by the abuse, whichever is later. Illinois has strengthened these protections in recent years, including removing the statute of limitations entirely for certain cases involving predatory criminal sexual assault of a child. A lookback window was also created to allow victims of any age to file previously time-barred claims.
Does Illinois have a statute of repose?
Yes, Illinois has several statutes of repose. The most notable include: (1) Medical malpractice — an absolute 8-year deadline from the date of the negligent act under 735 ILCS 5/13-212; (2) Construction — a 10-year statute of repose for claims arising from the design, construction, or improvement of real property under 735 ILCS 5/13-214; and (3) Product liability — a 12-year statute of repose from the date of first sale, delivery, or installation under 735 ILCS 5/13-213. A statute of repose is an absolute deadline that generally cannot be tolled or extended.
What is the criminal statute of limitations in Illinois?
Illinois criminal statutes of limitations vary by offense severity. Murder, arson, child pornography, forgery, and criminal sexual assault have no time limit. Financial crimes (theft over $100,000, identity theft, financial exploitation of elderly) have a 7-year limit. General felonies have a 3-year limit. Misdemeanors have an 18-month limit. Petty offenses have a 6-month limit. DNA evidence can extend time limits for sexual offenses.
What happens if I miss the statute of limitations deadline?
If you miss the statute of limitations deadline, the defendant can file a motion to dismiss, and the court will almost certainly dismiss your case as time-barred. You will lose your right to pursue your claim permanently, regardless of how strong your case might have been. This is why it is critical to file your lawsuit before the deadline expires. In rare cases, tolling doctrines (such as minority, mental incapacity, or fraudulent concealment) may extend the deadline, but these are applied narrowly by Illinois courts.

Statute of Limitations in Other States

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice cases, cases involving minors, construction defects, and other specific situations. Always consult with a qualified Illinois attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.