Illinois Statutes of Limitations for Civil Cases

Understanding statutes of limitations is critical for any party involved in civil litigation in Illinois. Missing a deadline can result in permanent loss of your legal claim, regardless of its merits. Illinois law establishes specific time periods for different types of civil actions, and these periods vary significantly based on the nature of the claim.

Personal Injury

Limitation Period: 2 years

Statute Citation: 735 ILCS 5/13-202

When the Clock Starts: The statute of limitations begins running from the date of injury or from the date when the injury is discovered (or reasonably should have been discovered), whichever is later.

Personal injury claims in Illinois have one of the shorter limitation periods. This applies to negligence claims, slip-and-fall accidents, motor vehicle accidents, and similar tort-based injuries. It's crucial to file suit within two years of the injury, as courts strictly enforce this deadline.

Breach of Written Contract

Limitation Period: 10 years

Statute Citation: 735 ILCS 5/13-205

When the Clock Starts: The statute of limitations begins running from the date of the breach.

Written contracts receive significantly more protection than other civil claims in Illinois. If a defendant breaches a written contract, you have a full decade to pursue legal action. This extended period reflects Illinois's policy favoring enforcement of written agreements. The key requirement is that the contract be in writing—oral contract breaches have a much shorter window (see below).

Breach of Oral Contract

Limitation Period: 4 years

Statute Citation: 735 ILCS 5/13-206

When the Clock Starts: The statute of limitations begins running from the date of the breach.

Oral contracts receive less protection than their written counterparts, with a 4-year limitation period. This shorter window reflects Illinois courts' policy that oral agreements are harder to prove and more subject to dispute. The distinction between oral and written contracts is critical—mischaracterizing your claim could result in dismissal for untimely filing.

Fraud

Limitation Period: 4 years

Statute Citation: 735 ILCS 5/13-203

When the Clock Starts: The statute of limitations begins running from the date when the fraud is discovered (or reasonably should have been discovered), not from the date of the fraudulent act itself. This is a critical distinction.

Fraud claims benefit from the discovery rule in Illinois. You don't lose your right to sue simply because the fraudulent conduct occurred years earlier—the clock starts when you knew or should have known about the deception. However, there is also an absolute repose period: no fraud claim can be brought more than 10 years after the fraudulent act, regardless of when discovery occurred.

Property Damage

Limitation Period: 2 years (same as personal injury)

Statute Citation: 735 ILCS 5/13-202

When the Clock Starts: The statute of limitations begins running from the date of damage to the property.

Property damage claims, whether from negligence, trespass, or other torts, follow the same 2-year limitation period as personal injury claims. This covers damage to vehicles, real property, personal possessions, and other tangible assets. The clock starts when the damage occurs, not when you discover it—with one exception: hidden or latent defects in property may trigger the discovery rule in certain circumstances.

Medical Malpractice

Limitation Period: 2 years from discovery (with absolute repose period)

Statute Citation: 735 ILCS 5/13-212

When the Clock Starts: The statute of limitations begins running from the date when the injury is discovered, not from the date of the negligent act.

Absolute Repose Period: 4 years from the date of the negligent act, with limited exceptions

Illinois medical malpractice law is among the most restrictive in the nation. While you have 2 years from discovery, you cannot bring a claim more than 4 years after the negligent treatment, even if you didn't discover the injury until year five. This absolute repose period applies strictly, with narrow exceptions only for cases involving foreign bodies left in the patient's body or fraudulent concealment by the healthcare provider.

For cases involving minors, the repose period begins when the patient reaches age 18, giving minors until age 22 to file suit (if they discover the injury before their 22nd birthday).

Wrongful Death

Limitation Period: 2 years

Statute Citation: 735 ILCS 5/13-202 (applied to wrongful death actions)

When the Clock Starts: The statute of limitations begins running from the date of death.

Wrongful death claims follow the same 2-year limitation period as personal injury claims. The claim accrues at death, not at the time of the underlying injury. For example, if someone is struck by a car and dies six months later, the 2-year period runs from the death date. However, if the deceased was a minor, the clock may be tolled (see tolling section below).

Defamation, Libel, and Slander

Limitation Period: 1 year

Statute Citation: 735 ILCS 5/13-201

When the Clock Starts: The statute of limitations begins running from the date of publication (for libel) or the date of the spoken statement (for slander).

Defamation claims have the shortest limitation period in Illinois civil law—just one year. This strict deadline reflects the strong public interest in protecting free speech while also protecting individuals from reputational harm. The one-year clock begins running from publication or utterance, not from when you discover the statement. Courts in Illinois interpret this deadline very strictly, and late filings are routinely dismissed.

Trespass

Limitation Period: 2 years

Statute Citation: 735 ILCS 5/13-202

When the Clock Starts: The statute of limitations begins running from the date of the trespass.

Trespass claims—whether to real property or personal property—follow the 2-year personal injury limitation period. A continuing trespass may trigger multiple statute of limitations periods if the defendant continues to trespass. Each trespass act potentially starts a new 2-year clock.

Debt Collection and Promissory Notes

Limitation Period: 10 years (for written contracts, including promissory notes)

Statute Citation: 735 ILCS 5/13-205

When the Clock Starts: The statute of limitations begins running from the date of breach (or when the payment was due).

Important Note on Partial Payments: Making a partial payment on a debt may restart the statute of limitations period in some circumstances, though this depends on the specific facts and creditor's intent.

Debt collection follows the written contract limitation period since most promissory notes and loan agreements are written instruments. However, if a creditor initiates collection efforts (such as filing a lawsuit) and then stops, they cannot later resume the same lawsuit after the statute of limitations expires.

Discovery Rule and Delayed Accrual

Illinois courts apply the discovery rule in several contexts, most notably for fraud and medical malpractice. Under this rule, the statute of limitations does not begin running until you discover (or reasonably should discover) the injury or wrongful conduct.

The discovery rule applies when:

However, courts strictly require that the discovery be genuine. If you failed to discover a condition that a reasonable person would have discovered, the clock still runs from when discovery should have occurred, not from when you actually discovered it.

Tolling Provisions

Illinois law provides several circumstances under which the statute of limitations "stops running," allowing additional time to file suit:

Minority: If the plaintiff is under age 18 at the time the claim accrues, the statute of limitations does not begin running until the plaintiff turns 18. (735 ILCS 5/13-109)

Mental Incapacity: If the plaintiff is mentally disabled at the time the claim accrues, the statute of limitations does not begin running until the disability ends. (735 ILCS 5/13-110)

Absence from State: If the defendant is absent from Illinois, the time of absence does not count toward the statute of limitations—though this provision is rarely used in modern practice due to nationwide jurisdiction and service of process rules. (735 ILCS 5/13-111)

Military Service: Time spent on active military duty may toll certain limitation periods, though this requires careful analysis of the Servicemembers Civil Relief Act (50 U.S.C. § 3953) and its interaction with state law.

Fraudulent Concealment: If the defendant actively conceals the wrong, some courts will toll the statute of limitations—though Illinois courts require clear evidence of intentional concealment.

What Happens When You Miss the Deadline

If you file suit after the statute of limitations has expired, the defendant will almost certainly file a motion to dismiss based on the affirmative defense of statute of limitations expiration. Unlike other defenses, the statute of limitations is a complete bar to the action. Courts cannot exercise discretion to allow late filings, regardless of the merits of your case or the circumstances of the delay.

Once a motion to dismiss on statute of limitations grounds is granted, the case is dismissed with prejudice, meaning you cannot refile the same claim in another court. Your legal remedy is gone forever.

Practical Advice: Calculating Dates Accurately

When calculating statutes of limitations in Illinois, follow these rules:

Key Takeaways