Illinois Statute of Limitations: Filing Deadlines by Case Type
Understanding the statute of limitations in Illinois is essential for anyone considering legal action. Whether you are filing a civil lawsuit or facing criminal charges, Illinois law sets strict deadlines for when legal proceedings must begin. Missing these deadlines can permanently bar you from pursuing a claim or result in charges being dismissed.
This guide covers every major category of Illinois statute of limitations, including civil filing deadlines, criminal prosecution time limits, tolling exceptions, and recent changes to state law.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time parties have to begin legal proceedings. In civil cases, the clock typically starts on the date of the injury, breach, or wrongful act. In criminal cases, the time limit usually begins on the date the alleged crime was committed.
Illinois codifies its civil statutes of limitations in 735 ILCS 5, Article XIII and its criminal statutes of limitations in 720 ILCS 5/3-5 and 720 ILCS 5/3-6.
If you miss the filing deadline in a civil case, the defendant can file a motion to dismiss based on the expired statute of limitations. Once dismissed, that legal claim is lost permanently.
Illinois Civil Statute of Limitations
Illinois civil statutes of limitations range from one year to twenty years depending on the type of case. The following table summarizes the most common civil filing deadlines.
Personal Injury and Tort Claims
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 2 years | 735 ILCS 5/13-202 |
| Wrongful Death | 2 years from date of death | 740 ILCS 180/2 |
| Libel or Slander | 1 year | 735 ILCS 5/13-201 |
| Medical Malpractice | 2 years from discovery (4-year statute of repose) | 735 ILCS 5/13-212 |
| Legal Malpractice | 2 years from discovery (6-year maximum) | 735 ILCS 5/13-214.3 |
| Product Liability | 2 years (12-year statute of repose from first sale) | 735 ILCS 5/13-213 |
The personal injury deadline of 2 years applies to motor vehicle accidents, slip-and-fall incidents, premises liability, and most other injury-causing events. The clock begins on the date of the injury.
For medical malpractice, the discovery rule allows the 2-year period to start when the patient knew or should have known about the injury. However, the 4-year statute of repose sets an absolute outer limit from the date of treatment. An exception exists when a foreign object is left inside the body during surgery.
For children, medical malpractice claims must be brought within 8 years of the act that caused the injury, or before the child turns 22, whichever comes first.
Property and Contract Claims
| Case Type | Time Limit | Statute |
|---|---|---|
| Injury to Personal Property | 5 years | 735 ILCS 5/13-205 |
| Injury to Real Property | 5 years | 735 ILCS 5/13-205 |
| Trespass | 5 years | 735 ILCS 5/13-205 |
| Written Contracts | 10 years | 735 ILCS 5/13-206 |
| Oral Contracts | 5 years | 735 ILCS 5/13-205 |
| Construction Defects | 4 years from discovery (10-year statute of repose) | 735 ILCS 5/13-214 |
| Fraud (Concealment) | 5 years from discovery | 735 ILCS 5/13-215 |
| Fraud by a Decedent | 2 years | 735 ILCS 5/13-220 |
Written contract claims in Illinois have one of the longer time limits at 10 years. If any payment or new written promise to pay is made during that 10-year period, the clock resets and a new 10-year period begins from the date of that payment or promise.
For construction defect claims, the 4-year statute of limitations starts when the property owner knew or reasonably should have known about the defect. The 10-year statute of repose begins from the date of the act or omission itself. Parties to a construction project may adjust these deadlines by contract.
Judgments, Employment, and Other Civil Claims
| Case Type | Time Limit | Statute |
|---|---|---|
| Revival of Judgments | 20 years | 735 ILCS 5/13-218 |
| Workers' Compensation | 3 years from injury (or 2 years from last benefits received) | 820 ILCS 305 |
| Employment Discrimination (IHRA) | 2 years (effective Jan. 1, 2025) | 775 ILCS 5 |
| Housing Discrimination | 1 year | 775 ILCS 5 |
| Wage Payment Claims (IWPCA) | 10 years | 820 ILCS 115 |
| General Civil Actions (not otherwise specified) | 5 years | 735 ILCS 5/13-205 |
The workers' compensation deadline in Illinois gives injured workers 3 years from the date of injury to file a claim. Alternatively, a claim may be filed within 2 years of the last payment of compensation benefits, whichever date is later.
2025 Update: Employment Discrimination Filing Deadline Extended
As of January 1, 2025, Illinois significantly expanded the time limit for filing employment discrimination complaints under the Illinois Human Rights Act. The previous deadline of 300 calendar days has been replaced with a 2-year filing window. This change makes Illinois one of the states with the longest filing deadlines for discrimination claims.
The updated law also added two new protected classes: "family responsibilities" and "reproductive health decisions." Housing discrimination claims retain a separate 1-year filing deadline.
Illinois Criminal Statute of Limitations
Illinois criminal statutes of limitations are found in 720 ILCS 5/3-5 (general limitations) and 720 ILCS 5/3-6 (extended limitations). These laws set the amount of time prosecutors have to bring criminal charges after an alleged offense.
Offenses With No Statute of Limitations
Illinois does not place any time limit on prosecuting the following offenses:
| Offense | Statute |
|---|---|
| First-Degree Murder | 720 ILCS 5/3-5(a) |
| Attempt to Commit First-Degree Murder | 720 ILCS 5/3-5(a) |
| Second-Degree Murder | 720 ILCS 5/3-5(a) |
| Involuntary Manslaughter | 720 ILCS 5/3-5(a) |
| Reckless Homicide | 720 ILCS 5/3-5(a) |
| Concealment of Homicidal Death | 720 ILCS 5/3-5(a) |
| Treason | 720 ILCS 5/3-5(a) |
| Arson | 720 ILCS 5/3-5(a) |
| Residential Arson | 720 ILCS 5/3-5(a) |
| Aggravated Arson | 720 ILCS 5/3-5(a) |
| Forgery | 720 ILCS 5/3-5(a) |
| Child Pornography | 720 ILCS 5/3-5(a) |
| Criminal Sexual Assault | 720 ILCS 5/3-5(a) |
| Aggravated Criminal Sexual Assault | 720 ILCS 5/3-5(a) |
| Predatory Criminal Sexual Assault of a Child | 720 ILCS 5/3-5(a) |
| Aggravated Criminal Sexual Abuse | 720 ILCS 5/3-5(a) |
| Criminal Solicitation to Commit Murder | 720 ILCS 5/3-5(a) |
Illinois has steadily expanded this list over the years. Since January 1, 2020, there is no statute of limitations for felony criminal sexual offenses, including criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse.
Any offense involving sexual conduct or sexual penetration of a minor, where the offender's DNA is obtained and entered into a DNA database within 10 years of the offense, also has no time limit for prosecution.
Felonies With Extended Time Limits
| Offense | Time Limit | Statute |
|---|---|---|
| Theft of Property Exceeding $100,000 | 7 years | 720 ILCS 5/3-5(b) |
| Identity Theft | 7 years | 720 ILCS 5/3-5(b) |
| Aggravated Identity Theft | 7 years | 720 ILCS 5/3-5(b) |
| Financial Exploitation of an Elderly Person or Person With a Disability | 7 years | 720 ILCS 5/3-5(b) |
| Misdemeanor Criminal Sexual Abuse of a Minor | 10 years after the minor turns 18 | 720 ILCS 5/3-5(a-5) |
| Grooming (Victim Under 17) | 10 years after the victim turns 17 | 720 ILCS 5/3-5(a-5) |
General Criminal Time Limits
| Offense Type | Time Limit |
|---|---|
| All Other Felonies | 3 years |
| All Misdemeanors | 1 year and 6 months |
When the Clock Stops: Tolling for Criminal Cases
Under 720 ILCS 5/3-7, the statute of limitations clock pauses (tolls) in several situations:
- The defendant is not usually and publicly residing within Illinois.
- The defendant is a public officer charged with theft of public funds while in office.
- A prosecution for the same conduct is already pending against the defendant.
- A proceeding or appeal related to a grand jury subpoena in connection with the investigation is pending.
- A material witness has been placed on active military duty or leave.
- The defendant has been subjected to unlawful force or threats to obtain information or a confession, or is incarcerated due to such unlawful force or threats.
Tolling and Exceptions for Civil Cases
Several exceptions can pause or extend civil filing deadlines in Illinois.
Minors and Persons Under Legal Disability
Under 735 ILCS 5/13-211, if the person entitled to bring an action is under 18 years old or under a legal disability when the cause of action accrues, they may bring the action within 2 years after turning 18 or after the disability is removed.
If a person develops a legal disability after the cause of action accrues but before the statute of limitations expires, the clock pauses until the disability ends.
The Discovery Rule
Illinois applies a discovery rule in certain cases. Instead of starting the clock on the date of the injury, the statute of limitations begins when the plaintiff knew or reasonably should have known about the injury. This rule applies most commonly to:
- Medical malpractice claims (735 ILCS 5/13-212)
- Legal malpractice claims (735 ILCS 5/13-214.3)
- Construction defect claims (735 ILCS 5/13-214)
Fraudulent Concealment
Under 735 ILCS 5/13-215, if a person liable for an action fraudulently conceals the cause of action, the plaintiff may file suit within 5 years of discovering the concealed cause of action.
How Illinois Compares to Neighboring States
Filing deadlines vary between states. If you are near a state border or your case involves events in multiple states, these differences matter.
| Case Type | Illinois | Indiana | Wisconsin | Missouri | Iowa |
|---|---|---|---|---|---|
| Personal Injury | 2 years | 2 years | 3 years | 5 years | 2 years |
| Written Contracts | 10 years | 10 years | 6 years | 10 years | 10 years |
| Property Damage | 5 years | 2 years | 6 years | 5 years | 5 years |
| General Felonies | 3 years | 5 years | 6 years | 3 years | 3 years |
Illinois sits in the middle of the range for most categories. Its 10-year window for written contracts matches Indiana and Missouri, while its 2-year personal injury deadline is shorter than Wisconsin and Missouri.
Steps to Take Before the Deadline
If you believe you have a civil claim or are aware of potential criminal charges in Illinois, consider these steps:
- Identify the correct statute of limitations for your specific case type using the tables above.
- Determine when the clock started by identifying the date of the incident, injury, or discovery.
- Check for tolling exceptions such as minority, disability, or fraudulent concealment.
- Consult an Illinois attorney well before the deadline. Filing paperwork at the last minute can lead to procedural errors.
- Preserve all evidence including documents, photographs, medical records, and witness information.
State laws change regularly. While this guide reflects current Illinois law as of early 2026, always verify the specific statute that applies to your situation through the Illinois General Assembly website or by consulting a licensed attorney.
More Illinois Laws
Sources and References
- 735 ILCS 5, Article XIII - Limitations(ilga.gov).gov
- 735 ILCS 5/13-202 - Personal Injury (2 Years)(ilga.gov).gov
- 735 ILCS 5/13-205 - Five Year Limitation(ilga.gov).gov
- 735 ILCS 5/13-206 - Written Contracts (10 Years)(ilga.gov).gov
- 735 ILCS 5/13-212 - Medical Malpractice Limitation(ilga.gov).gov
- 735 ILCS 5/13-213 - Product Liability (12-Year Repose)(ilga.gov).gov
- 735 ILCS 5/13-211 - Minors and Persons Under Disability(ilga.gov).gov
- 720 ILCS 5/3-5 - General Limitations for Criminal Offenses(ilga.gov).gov
- 720 ILCS 5/3-6 - Extended Limitations(ilga.gov).gov
- 720 ILCS 5/3-7 - Tolling Provisions for Criminal Cases(ilga.gov).gov
- IDHR Extends Statute of Limitations Period (Effective Jan 1, 2025)(dhr.illinois.gov).gov
- 820 ILCS 305 - Workers Compensation Act(ilga.gov).gov
- 820 ILCS 115 - Illinois Wage Payment and Collection Act(ilga.gov).gov