How Long There Is to File a Lawsuit
735 ILCS 5/13-202 — 2 years for an injury, 5 years for property and unwritten contracts, 10 for written ones
| The claim | Filed within |
|---|---|
| The claimAn injury to the person, false imprisonment, or malicious prosecution | Filed within2 years after the cause of action accrued |
| The claimDamage to property, an unwritten contract, and civil actions not otherwise provided for | Filed within5 years |
| The claimA written contract, a written lease, a promissory note, or a claim under the Wage Payment and Collection Act | Filed within10 years |
| The claimInjury or death from patient care by a physician, dentist, nurse or hospital | Filed within2 years after the injury was or should have been known, and never more than 4 years after the act |
Who handles this in Illinois: legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.
Where a payment or a new written promise to pay is made on a written debt, a suit may be brought within 10 years after that payment or promise.
Other statutes set their own periods, and some periods pause or run differently in the circumstances the code lists. When a particular period started running is a question for a licensed Illinois attorney.
Sources for this section (4)
- 735 ILCS 5/13-202 — Personal injury - Penalty
- 735 ILCS 5/13-205 — Five year limitation
- 735 ILCS 5/13-206 — Ten year limitation
- 735 ILCS 5/13-212 — Physician or hospital
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.