If you’ve been injured in an accident in Chicago—whether it was a car crash, slip-and-fall, or another type of personal injury—it’s important to know that your right to seek compensation doesn’t last forever. In Illinois, there are strict time limits on how long you have to file a lawsuit. This time limit is called the statute of limitations.

In this article, we’ll explain what the statute of limitations is, how it applies specifically in Chicago and Illinois, the exceptions you should know about, and why acting quickly with the help of an experienced Chicago personal injury lawyer is crucial if you want to protect your legal rights.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline. Once that deadline passes, you typically lose your right to file a lawsuit—no matter how strong your case is. These laws exist to make sure that legal claims are made while evidence is still fresh and witnesses’ memories are reliable.

Each type of legal claim has its own deadline, and it varies by state. For personal injury cases in Chicago (and throughout Illinois), that deadline is generally two years.

Illinois Personal Injury Statute of Limitations: 2 Years

Under Illinois law (735 ILCS 5/13-202), the statute of limitations for most personal injury cases is two years from the date of the injury. That means if you were hurt in a car accident, fell on a poorly maintained sidewalk, or were injured due to someone else’s negligence, you usually have two years to file a lawsuit in civil court.

Here are some common examples:

  • Car accident: 2 years from the date of the crash
  • Slip and fall: 2 years from the date of the fall
  • Bicycle or pedestrian accident: 2 years from the date of injury
  • Medical malpractice: Often 2 years, but with some exceptions (see below)

If you try to file a lawsuit even one day after the two-year deadline, the court will likely dismiss your case—regardless of how serious your injuries are or how obvious the other party’s fault was.

Are There Exceptions?

Yes. While the two-year rule applies to most personal injury cases in Chicago, there are some important exceptions that can either shorten or extend the deadline:

1. Claims Against the Government

If your injury was caused by a city, county, or state agency—such as the CTA (Chicago Transit Authority) or the City of Chicago—you may have much less time. For example:

  • Claims against a city or public agency: You may need to file a formal notice of claim within 1 year or even sooner, depending on the agency.

That’s why it’s crucial to speak with a personal injury lawyer immediately if your injury involved public property, public transit, or a city employee.

2. Discovery Rule

Sometimes an injury isn’t obvious right away. In cases where the injury is discovered later, the statute of limitations may begin when you knew or should have known about the injury and its likely cause. This is common in:

  • Medical malpractice
  • Exposure to toxic substances
  • Injuries with delayed symptoms

However, even with the discovery rule, Illinois courts generally still impose a maximum limit (usually four years for medical malpractice) known as a “statute of repose.”

3. Minors and Legally Disabled Individuals

If the injured person is a minor (under 18) or is legally disabled, the statute of limitations may be “tolled” (paused). For minors, the clock typically starts when they turn 18, giving them until age 20 to file in most cases.

Why You Shouldn’t Wait

Even if you technically have two years, it’s rarely a good idea to wait that long. Here’s why:

  • Evidence can disappear: Surveillance footage can be erased, physical evidence can degrade, and accident scenes change.
  • Witnesses may forget details or become hard to find.
  • Insurance companies often take claims more seriously when legal action is taken promptly.
  • If your case involves a government entity, you might have a much shorter deadline.

The sooner you consult with a Chicago personal injury lawyer, the better your chances of building a strong case and recovering full compensation.

How a Chicago Personal Injury Lawyer Can Help

Navigating personal injury law and filing deadlines can be overwhelming—especially when you’re dealing with medical bills, lost wages, and the stress of recovery.

  • Determine exactly how much time you have to file
  • Gather the necessary evidence
  • Deal with insurance companies on your behalf
  • File all required paperwork correctly and on time
  • Maximize your compensation

The statute of limitations for personal injury in Chicago is generally two years from the date of the injury—but exceptions exist, and missing the deadline could cost you everything. If you’ve been injured, don’t wait to get legal advice. The sooner you act, the more options you’ll have.