Illinois' Statute of Limitations

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Illinois' Statute of Limitations


Wrongful Death
A wrongful death action must be filed within two years of the date of death.

Personal Injury Actions
Personal Injury Actions must be brought within two years of the date of the injury.

Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date of discovery of the injury. In no event can suit be filed more than four years after the date that the act occurred. When a minor (under 18) suffers an injury because of medical malpractice, the action must be filed within eight years of the date of the injury, but in no event after the person’s 22nd birthday.

Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury. If the injury is not discovered within the two-year time limit, suit must be filed within two years of the date of discovery, but in no event more than eight years of the date that the injury occurred.

Special Rules for Minors
In medical malpractice or wrongful death cases, the minor’s age at the time of injury will determine when suit must be filed. In other cases, a person has two years after his or her 18th birthday to file an action.