When pursuing a personal injury lawsuit in Illinois, understanding the statute of limitations is crucial to protecting your legal rights. Missing the deadline to file a claim can result in the loss of your right to seek compensation. This article outlines the general statute of limitations for personal injury cases, circumstances that may extend the filing deadline, and situations where equitable tolling may apply.

General Statute of Limitations for Personal Injury Cases

Under Illinois law, personal injury lawsuits must be filed within two years from the date the cause of action accrued (735 ILCS 5/13-202). This time frame is designed to ensure that cases are brought forward while evidence remains available and memories of the incident are still fresh. Courts have consistently upheld this two-year limit as reasonable for plaintiffs to assess their injuries and identify responsible parties.

Tolling Provisions: When the Statute of Limitations is Extended

Several legal doctrines allow the statute of limitations to be tolled, meaning the countdown is paused under specific circumstances:

Court Orders or Legal Stays – If a court order, injunction, or statutory prohibition prevents a plaintiff from filing a lawsuit, the limitation period is suspended for the duration of that legal restriction (735 ILCS 5/13-202).

Criminal Prosecution & Imprisonment – If a plaintiff is forced to provide a confession or information under the threat of imminent bodily harm, leading to criminal prosecution, the statute of limitations is tolled until the prosecution is resolved in favor of the plaintiff.

Minors & Legal Disabilities – If the injured party is a minor (under 18 years old), the statute of limitations is tolled until their 18th birthday. Once they reach adulthood, they have two years to file a lawsuit, extending their deadline to age 20 (735 ILCS 5/13-202).

Equitable Tolling: Special Circumstances That May Extend the Deadline

In certain situations, equitable tolling may allow an injured party additional time to file a claim. Illinois courts recognize equitable tolling when:

The defendant has actively misled the plaintiff regarding their claim.

The plaintiff has been prevented from asserting their rights in an extraordinary way.

The plaintiff has filed in the wrong legal forum by mistake (Block v. Pepper Constr. Co., 304 Ill. App. 3d 809; Ciers v. O.L. Schmidt Barge Lines, 285 Ill. App. 3d 1046).

While equitable tolling is rarely applied, it provides relief in exceptional cases where strict application of the statute of limitations would be unjust (Williams v. Bd. of Review, 241 Ill. 2d 352).

Key Takeaways for Illinois Personal Injury Claims

General Rule: Personal injury claims must be filed within two years of the date of injury.

Tolling Exceptions:

Legal stays (court orders, injunctions)

Criminal prosecution delaying civil action

Minors have until age 20 to file

Equitable Tolling: May apply in cases of fraud, extraordinary prevention, or mistaken filings.

Final Thoughts

Understanding the statute of limitations and its exceptions is critical for preserving your right to compensation in a personal injury case. If you believe you have a valid claim but are unsure whether the statute of limitations applies, seeking legal guidance is essential.

At Khatib Law LLC, we provide expert legal advice to ensure your case is filed within the appropriate timeframe. Contact us today to discuss your claim and protect your legal rights.

For more information, visit Click here or call (708) 722-2222.

Citations:

735 ILCS 5/13-202 Personal Injury Statute

IPF Recovery Co. v. Ill. Ins. Guar. Fund, 356 Ill. App. 3d 658

Block v. Pepper Constr. Co., 304 Ill. App. 3d 809

Ciers v. O.L. Schmidt Barge Lines, 285 Ill. App. 3d 1046

Williams v. Bd. of Review, 241 Ill. 2d 352

Illinois C. R. Co. v. Campbell, 170 Ill. 163

Thomas v. Morgan, 96 Ill. App. 629