Key facts: Illinois
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. Illinois follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for Illinois
Two years from the date of injury for most personal injury claims. Wrongful death is two years from the date of death under the Illinois Wrongful Death Act. Discovery rule applies. Minor tolling pauses the clock until age 18. Claims against local public entities have a one-year statute under 745 ILCS 10/8-101.
Related: Illinois comparative negligence rule
Illinois follows a modified 51% bar rule. Illinois follows modified comparative negligence with a 51% bar. A claimant is barred from recovery when contributory fault is more than 50% of the proximate cause of injury. At 50% or below, damages are reduced in proportion to the claimant’s fault.
Read the full Illinois comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Illinois attorney before relying on it.