Illinois · Personal injury

Illinois Personal Injury Deadline, Fault, and Damages Rules

2 years from date of injury.

4 rules checked against governing sourcesSources checked through Jul 3, 2026Inspect the coverage gate

Answer first, sources attached

Four liability rules to check first

Limitations, government notice, fault, and damages rules can change both case selection and the first preservation steps.

Filing deadline

General injury limitation period

2 years from date of injury.

735 ILCS 5/13-202

Verified Jul 3, 2026 · Next review by Jul 3, 2027

Pre-suit notice

Government claim notice

State claims in the Court of Claims require filing or notice within 1 year; no separate statewide pre-suit notice row is asserted for local ordinary tort defendants here.

705 ILCS 505/22-1.

Verified Jul 3, 2026 · Next review by Jul 3, 2027

Recovery threshold

Comparative fault rule

Modified comparative fault; claimant more than 50% of proximate cause is barred, otherwise damages are reduced.

735 ILCS 5/2-1116.

Verified Jul 3, 2026 · Next review by Jul 3, 2027

What changes the answer

The statewide rule is the starting point

  • Claim and defendant typeMedical, product, wrongful-death, government, and other claims may use different clocks.
  • Accrual and discoveryThe event that starts a limitation period can be disputed or claim-specific.
  • Minority, incapacity, and tollingStatutory tolling and repose rules can change or override the general period.
  • Allocation and damages categoryFault thresholds and caps may apply differently by defendant, conduct, and remedy.

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Understand the broader process and the records worth organizing first.

Browse related guides

Go deeper on deadlines, evidence, forms, and the practical workflow.

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This page reports source-linked state rules and review dates. It does not calculate a deadline, determine eligibility, select a procedure, value a claim, or apply law to an individual situation. Verify the cited authority, local procedure, and current law before relying on a rule.