Illinois statute of limitations by claim
In Illinois you generally have 2 years to sue for personal injury, 5 years for property damage, 10 years on a written contract and 5 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 2 years | 735 ILCS 5/13-202Also covers false imprisonment and malicious prosecution. No limit applies to damages from first degree murder or a Class X felony when the perpetrator is convicted (§ 13-202). Claims against a local government must be filed within 1 year (745 ILCS 10/8-101). |
| Medical malpractice | 2 years2 years from discovery, no more than 4 years after the act | 735 ILCS 5/13-212(a)Repose: 4 years from the act or omission (§ 13-212(a)), except fraudulent concealment (§ 13-215) Applies to physicians, dentists, registered nurses and hospitals. Injured minors: 8 years from the act, but never after the 22nd birthday (§ 13-212(b)). Other legal disability delays the start until it is removed (§ 13-212(c)). |
| Wrongful death | 2 years | 740 ILCS 180/2(d)Against the person who caused the death: 5 years if the death resulted from violent intentional conduct, or 1 year after the criminal case ends if that person is charged with murder, manslaughter, reckless or drug-induced homicide (§ 2(e)). HB 219 (P.A. 103-514, effective August 11, 2023) allows punitive damages in wrongful death suits filed on or after that date, except medical or legal malpractice and suits against public bodies. |
| Property damage | 5 years | 735 ILCS 5/13-205Covers injury to real or personal property, recovery of personal property and conversion. |
| Written contract | 10 years | 735 ILCS 5/13-206A written payment or new promise to pay restarts the 10 years. Sales of goods follow the UCC's 4-year rule (810 ILCS 5/2-725). |
| Oral contract | 5 years | 735 ILCS 5/13-205Covers unwritten contracts, express or implied. Sales of goods: 4 years (810 ILCS 5/2-725). |
| Credit card / account debt | 5 years | 735 ILCS 5/13-205Illinois courts generally apply the 5-year unwritten-contract period to credit card debt when the creditor cannot produce a single written document containing all the terms (Portfolio Acquisitions, L.L.C. v. Feltman, 391 Ill. App. 3d 642 (2009)). A creditor that proves a complete written contract may claim 10 years (§ 13-206). |
| Fraud | 5 years | 735 ILCS 5/13-205; 13-215No fraud-specific statute: common-law fraud falls under the 5-year catch-all for civil actions "not otherwise provided for" (§ 13-205). If the defendant fraudulently conceals the claim, suit may be brought within 5 years after discovery (§ 13-215). |
| Defamation | 1 year | 735 ILCS 5/13-201Same 1-year period for libel, slander and publication violating the right of privacy. |
| Product liability | 2 years | 735 ILCS 5/13-202; 13-213Repose: 12 years from first sale by a seller or 10 years from first sale to the initial user, whichever ends first, unless a longer warranty was given (§ 13-213(b)) Personal injury: 2 years (§ 13-202); property damage: 5 years (§ 13-205). The repose period is extended for later alterations of the product (§ 13-213(c)). |
What is different in Illinois
Illinois has one of the longest written-contract periods in the country, 10 years, but credit card suits usually get only 5 because the creditor rarely has a single signed document with all the terms. The 1-year deadline for suing local governments is half the normal injury period and catches many people hurt on a city bus or a city sidewalk. Since 2023, punitive damages are available in most wrongful death suits.
- Credit card and written-contract debts can carry very different deadlines in Illinois: 10 years for written contracts and 5 years for unwritten ones. (735 ILCS 5/13-205, 13-206)[10]
- Suits against cities, counties, park districts and other local governments must be filed within 1 year, half the normal 2-year injury period. (745 ILCS 10/8-101)[11]
- Civil claims for childhood sexual abuse may be brought at any time if they were not already time-barred on January 1, 2014; the section was amended again by P.A. 104-159, effective January 1, 2026. (735 ILCS 5/13-202.2(f))[12]
- Wrongful death claims against a killer get 5 years when the death resulted from violent intentional conduct, and HB 219 (2023) made punitive damages available in most wrongful death suits. (740 ILCS 180/2(a), (e); P.A. 103-514)[13]
When the clock starts and stops
Illinois courts apply a general discovery rule: a claim accrues when the injured person knows or reasonably should know of the injury and that it was wrongfully caused. Statutes build it in for medical malpractice (§ 13-212) and fraudulent concealment (5 years from discovery, § 13-215). (735 ILCS 5/13-212, 13-215)
Minors. Illinois pauses the clock while the injured person is a minor: the period starts at age 18. A person under 18 when the claim accrues may sue within 2 years after turning 18 (§ 13-211(a)). Medical malpractice: 8 years from the act, never after the 22nd birthday (§ 13-212(b)). Childhood sexual abuse: no time limit for claims not already barred on January 1, 2014 (§ 13-202.2(f)).[6]
Other tolling. Legal disability arising after accrual stays the period until removed (§ 13-211(b)); time a defendant is out of the state and not subject to service under the long-arm statute is excluded (§ 13-208).
Suing the government in Illinois
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written notice to the Attorney General and the Clerk of the Court of Claims within 1 year of the injury (wrongful death: 1 year from death or appointment of the estate representative), unless the claim itself is filed within 1 yearClaim in the Court of Claims within 2 years after it accrues (5 years for contract claims) (705 ILCS 505/22(a), (h)) | 705 ILCS 505/22-1 |
| Cities, counties and other local entities | No notice of claim required; suit against a city, county or other local entity or its employees must be filed within 1 year from the injury or accrualWithin 1 year; medical claims against a local public entity: 2 years from discovery, 4-year repose (§ 8-101(b)) | 745 ILCS 10/8-101(a) |
Criminal statute of limitations in Illinois
Most felonies in Illinois: 3 years for most felonies; 7 years for theft over $100,000, identity theft and financial exploitation of an elderly or disabled person. Misdemeanors: 1 year and 6 months.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 3 years for most felonies; 7 years for theft over $100,000, identity theft and financial exploitation of an elderly or disabled personSection 3-6 extends the period for listed offenses, such as fiduciary theft (up to 3 extra years after discovery) and trafficking of a minor (25 years after the victim turns 18). | 720 ILCS 5/3-5(a-5), (b) |
| Misdemeanors | 1 year and 6 months | 720 ILCS 5/3-5(b) |
| No time limit | First and second degree murder, attempted murder, involuntary manslaughter, reckless homicide, fatal aggravated DUI, leaving the scene of a crash causing death or injury, treason, arson, forgery, child sexual abuse material, and any offense involving sexual conduct or sexual penetration | 720 ILCS 5/3-5(a) |
| Sexual assault | Criminal sexual assault, aggravated criminal sexual assault and aggravated criminal sexual abuse may be prosecuted at any time, for adult and child victims alike (§§ 3-5(a)(2), 3-6(i), (j)). | 720 ILCS 5/3-5(a), 3-6(i) |
| Theft | Theft is a felony or misdemeanor by value (3 years or 18 months); theft over $100,000 and theft by deception of a victim 60 or older have 7 years from the last act (§ 3-5(a-5)). |
Worked example
A slip on an icy Chicago store entrance on January 28, 2025: under the personal injury deadline is January 28, 2027. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2032. A fall on city or CTA property would fall under the 1-year local government deadline instead.
For a claim of $10,000 or less, Illinois’s small claims (Circuit Court (small claims)) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Illinois?
What is the statute of limitations on debt in Illinois?
Does the statute of limitations pause for minors in Illinois?
What crimes have no statute of limitations in Illinois?
What is the statute of limitations on debt in Illinois?
Sources
- 735 ILCS 5/13-202: personal injury limitation period
- 735 ILCS 5/13-212(a): medical malpractice limitation period
- 740 ILCS 180/2(d): wrongful death limitation period
- 735 ILCS 5/13-206: written contract limitation period
- 735 ILCS 5/13-205: credit card / account debt limitation period
- 735 ILCS 5/13-211(a): tolling for minors
- 705 ILCS 505/22-1: claims against the state
- 745 ILCS 10/8-101(a): claims against local government
- 720 ILCS 5/3-5(a-5), (b): criminal limitation periods
- 735 ILCS 5/13-205, 13-206
- 745 ILCS 10/8-101
- 735 ILCS 5/13-202.2(f)
- 740 ILCS 180/2(a), (e); P.A. 103-514
- Illinois small claims (official court self-help)