Illinois Statute of Limitations (2026)

Official Statute

735 Ill. Comp. Stat. 5/13-202

Clock Starts

Date of injury

Key Exceptions

• Gov entities: State must file within 1 year; municipalities within 1 year
• Minors: tolled until age 18, then 2 years

Notes

Two years for personal injury in Illinois. Government entities have special rules.

Official Statute

735 Ill. Comp. Stat. 5/13-212

Clock Starts

Date of discovery

Key Exceptions

• 4-year statute of repose from date of act
• Minors under 18: special rules apply

Notes

Illinois uses a discovery rule with a 4-year repose cap. Under 8: runs until age 8.

Official Statute

735 Ill. Comp. Stat. 5/13-206

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Illinois has one of the longest written contract periods in the US at 10 years.

Official Statute

735 Ill. Comp. Stat. 5/13-205

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Five years for oral and unwritten contracts per the exception rule.

Official Statute

735 Ill. Comp. Stat. 5/13-201

Clock Starts

Date of publication

Key Exceptions

No major exceptions noted.

Notes

Only 1 year for defamation in Illinois — act immediately.

Official Statute

740 Ill. Comp. Stat. 180/2

Clock Starts

Date of death

Key Exceptions

No major exceptions noted.

Notes

Two years from the date of death.

Official Statute

735 Ill. Comp. Stat. 5/13-205

Clock Starts

Date of damage

Key Exceptions

No major exceptions noted.

Notes

Five years for property damage claims.

Official Statute

735 Ill. Comp. Stat. 5/13-205

Clock Starts

Date of discovery

Key Exceptions

• Discovery rule applies

Notes

Five years from discovery of the fraud.

Official Statute

735 Ill. Comp. Stat. 5/13-202

Clock Starts

Date of fall, trip, or injury on the property

Key Exceptions

• Gov entities: State must file within 1 year; municipalities within 1 year
• Minors: tolled until age 18, then 2 years
• Property owner must have had actual or constructive notice of the dangerous condition

Notes

Illinois applies the 2-year personal injury statute to slip and fall (premises liability) claims. To win, you must show the property owner knew or should have known of the hazardous condition and failed to fix it or warn you.

Official Statute

735 Ill. Comp. Stat. 5/13-202

Clock Starts

Date of bite, attack, or injury

Key Exceptions

• Gov entities: State must file within 1 year; municipalities within 1 year
• Minors: tolled until age 18, then 2 years
• Some states impose strict liability on owners regardless of the dog's prior history

Notes

Illinois applies the 2-year period to dog bite and animal attack claims. Most states impose strict liability on dog owners for bites; some require proof the owner knew the animal was dangerous ("one bite rule").

Official Statute

735 Ill. Comp. Stat. 5/13-202

Clock Starts

Date of injury OR date the defect was or should have been discovered

Key Exceptions

• Gov entities: State must file within 1 year; municipalities within 1 year
• Minors: tolled until age 18, then 2 years
• Discovery rule may extend start date for latent product defects
• Defective design, manufacturing defect, or failure-to-warn claims each have own accrual rules

Notes

Illinois product liability claims follow the 2-year personal injury period. The discovery rule typically applies when a product defect was not immediately apparent. Check for any applicable statute of repose measured from the date of manufacture or sale.

Official Statute

735 Ill. Comp. Stat. 5/13-202

Clock Starts

Date of the assault or battery

Key Exceptions

• Gov entities: State must file within 1 year; municipalities within 1 year
• Minors: tolled until age 18, then 2 years
• Criminal prosecution of the defendant does not pause the civil SOL
• Evidence from criminal proceedings may be usable in civil case
• Some states apply a different (often shorter) period to intentional torts such as assault and battery. Confirm the rule for your state with an attorney.

Notes

Civil assault and battery claims in Illinois are subject to the 2-year personal injury statute. You can file a civil lawsuit regardless of whether criminal charges were filed — they are separate proceedings with different burdens of proof.

Official Statute

735 ILCS 5/13-202.2

Clock Starts

Date of discovery; no SOL for childhood abuse from institutions since 2014

Key Exceptions

• No SOL for child sexual abuse claims (2019 amendment)
• Adult survivors: 10 years from discovery

Notes

Illinois eliminated the statute of limitations for childhood sexual abuse claims in 2019. Adult survivors have 10 years from discovery.

Official Statute

735 Ill. Comp. Stat. 5/13-202

Clock Starts

Date abuse occurred or was discovered

Key Exceptions

• Gov entities: State must file within 1 year; municipalities within 1 year
• Minors: tolled until age 18, then 2 years
• Discovery rule applies when abuse was hidden or not immediately apparent
• Mental or cognitive incapacity of the resident may toll the period
• Federal LTCOP (Long-Term Care Ombudsman) complaints are separate from civil lawsuits

Notes

Illinois nursing home neglect and abuse claims are governed by the 2-year personal injury statute. The discovery rule is critical — abuse is frequently concealed, and courts often hold the clock starts when the family discovered (or should have discovered) the abuse. Preserve all medical records, facility reports, and communications.