When Should I File My Personal Injury Claim in Illinois?

 Posted on September 25, 2025 in Personal Injury

If you are hurt in an accident, you need to juggle medical appointments, bills, missed work, and the pain of recovery. With so much going on, it can be hard to focus on legal deadlines. Unfortunately, Illinois law gives you only a limited time to file a personal injury lawsuit. 

If you wait too long, the court may refuse to hear your case, no matter how strong your claim is. At Mevorah & Giglio Law Offices, our team of Bloomingdale, IL personal injury lawyers is here to help you understand the deadlines and make sure everything is filed on time.

What Is the Statute of Limitations for Personal Injury Cases in Illinois?

A statute of limitations is the legal time limit for starting a lawsuit. In Illinois, most personal injury cases are addressed by 735 ILCS 5/13-202, which gives you two years from when the injury occurred to file suit. This two-year deadline applies to all types of injuries.

If you do not file your claim within the two-year time frame, your case might be dismissed. Once that happens, you could lose your right to compensation permanently.

Beyond the legal requirement to file within two years, there are reasons why doing so can benefit you and your case. If you wait too long, evidence can be lost and witnesses’ memories can lose their accuracy. Insurance companies might also argue that your lack of urgency shows that your injuries are not serious. Acting quickly helps protect your rights and strengthens your case.

Are There Any Exceptions to the Two-Year Deadline for Filing a Personal Injury Claim?

While the two-year deadline applies to most cases, certain situations can extend or shorten the time you have:

• Minors: If the injured person is under 18, the statute of limitations does not begin until their 18th birthday. This means they usually have until age 20 to file.

• Discovery Rule: If the injury is not obvious right away, the deadline may start when the victim learns about it or should have realized it. This often comes up in cases related to medical malpractice.

• Wrongful Death: Families usually have two years from the date of death to file a claim, even if the accident happened earlier.

• Claims Against the Government: If the defendant is a government agency, you might need to comply with additional notice requirements and shorter deadlines.

Speak with a DuPage County, IL Personal Injury Lawyer about Statute of Limitations Issues

If you or a loved one was hurt in an accident, you need to meet critical deadlines. A skilled Bloomingdale, IL personal injury attorney can review your situation, explain which statute of limitations applies, and take steps to submit your claim. 

Mevorah & Giglio Law Offices offers free case evaluations and can meet with you at times that fit your schedule, including Saturday and evening appointments. Call us at 630-932-9100 to discuss your options and protect your right to compensation.