A Claim Against a City, a County or the State
745 ILCS 10/8-101 — one year to sue a local government, and the Court of Claims for the State
A civil action against a local public entity or its employees for an injury must be started within one year from the date the injury was received or the cause of action accrued. A claim from patient care follows the 2 year and 4 year limits of the same section.
Who handles this in Illinois: legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.
| A claim against the State, in the Court of Claims | Filed within |
|---|---|
| A claim against the State, in the Court of ClaimsArising out of a contract | Filed within5 years after it first accrues |
| A claim against the State, in the Court of ClaimsEvery other claim the section does not name | Filed within2 years after it first accrues |
Personal injury notice to the State. Within 1 year from the injury, anyone about to sue the State or one of the state universities the section names for a personal injury files a notice in the office of the Attorney General and with the Clerk of the Court of Claims, giving the injured person's name and residence, the date, hour and place of the accident, how it happened, and the attending physician.
The Court of Claims time limits are binding and jurisdictional, except as extended by law or rule on a timely motion.
Sources for this section (3)
- 745 ILCS 10/8-101 — Limitation
- 705 ILCS 505/22 — 705 ILCS 505/22
- 705 ILCS 505/22-1 — 705 ILCS 505/22-1
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.