How Long Do You Have To File a Personal Injury Claim in IL?

 Posted on January 08, 2026 in Personal Injury

As of 2026, you typically have two years to file a personal injury lawsuit in Illinois. This deadline is strict. Missing it usually means losing your right to seek compensation, even if your injuries are serious. Many people wait too long because they believe insurance negotiations will pause the deadline, but this isn’t true.

Car accidents remain the most common source of personal injury claims. In the first half of 2025, an estimated 17,140 people died in motor vehicle crashes nationwide, according to the National Highway Traffic Safety Administration. These cases often involve serious injuries and substantial damages, and they require fast action.

If you were hurt in a crash or another accident, Winters Salzetta O'Brien & Richardson, LLC can help. Speaking with a Chicago personal injury lawyer early can protect your claim before important deadlines expire.

What Is the Deadline for Filing a Personal Injury Claim in Illinois?

The two-year statute of limitations for personal injury claims comes from 735 ILCS 5/13-202. If you file after the two-year deadline passes, the court will usually dismiss the case. That dismissal often means you can no longer recover compensation for medical bills, lost income, or pain and suffering.

Medical malpractice cases work a little differently. The filing deadline is often based on when you discovered the injury, not the date the medical mistake happened. There can also be an outside time limit that applies even if the injury was found later. Because these rules are more complicated, it is important to review medical malpractice claims early to avoid missing a deadline.

What Types of Cases Use the Two-Year Deadline in Illinois?

The two-year deadline applies to many common injury cases, including:

• Car accidents

• Truck accidents

• Motorcycle crashes

• Pedestrian accidents

• Bicycle accidents

• Slip and fall injuries

• Dog bites

You can also file a personal injury claim after an assault if you were physically harmed by another person. These cases often involve different evidence, but the same two-year filing deadline may still apply.

How Can Waiting To File a Personal Injury Claim Hurt Your Case in Illinois?

Waiting to file a claim can weaken your case in ways that are hard to fix later. Evidence does not last forever. Photos may no longer reflect the accident scene. Surveillance footage may be deleted. Physical conditions at the location may change.

Filing early helps preserve evidence that shows how the injury happened and who was responsible. It also makes it easier to link your injuries to the accident. Insurance companies often challenge that connection when there is a long delay.

Starting sooner gives your claim a stronger foundation if negotiations fail and the case moves toward court.

How Long Do You Have To File a Personal Injury Claim Against a Government Agency?

Claims against government entities follow stricter rules than most injury cases. If your injury involves a city, county, school district, or other public agency, you may be required to provide formal written notice within a much shorter time frame.

These claims often have specific filing steps, deadlines, and documentation requirements that do not apply to private parties. Missing a notice deadline or filing the wrong paperwork can cause the court to dismiss the claim, even if the injury itself is serious.

How Do Witnesses and Insurance Deadlines Affect Injury Claims?

Witnesses are often important in personal injury cases. Waiting too long can make them harder to rely on. Memories fade over time. Some witnesses move away or cannot be located later.

Insurance deadlines also matter. Insurance companies often require quick notice of an accident. Missing those timelines can lead to delays, reduced offers, or denied claims. Early action allows your attorney to handle communication and reduce the risk of costly mistakes.

What Happens if You Miss the Filing Deadline?

Missing the statute of limitations usually ends the case before it begins. Courts rarely make exceptions. Insurance companies are aware of these deadlines and may delay negotiations, hoping the clock runs out. Once the deadline passes, you generally lose the ability to recover compensation through the court system.

What Should You Do After an Injury in Illinois?

What you do in the immediate aftermath of a personal injury can directly affect your claim. Some steps to follow include:

• Getting medical care as soon as possible

• Documenting how the injury happened

• Keeping records of treatment and expenses

• Speaking with a lawyer before the deadlines approach

These steps make it easier to meet filing requirements and preserve important evidence.

Schedule Your Free Consultation With a Chicago, IL Personal Injury Attorney

Winters Salzetta O'Brien & Richardson, LLC was founded in 1997. We take a collaborative approach to every case. Our attorneys come from diverse professional backgrounds and work together on strategy and case development. Clients work directly with our attorneys, who stay involved in every case, no matter how large or small. That direct involvement helps ensure deadlines are met and details are not overlooked.

If you were injured and have questions about how long you have to file, call 312-236-6324 to schedule a free consultation with our Chicago personal injury lawyer today.