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Illinois Statute of Limitations (2026)

Civil filing deadlines in Illinois under the Code of Civil Procedure, 735 ILCS 5/ art. XIII — notable for a ten-year window on written contracts, among the most generous in the country.

✓ Last verified: Sep 2026

Claim Types

claim types tracked

Filing Range

1–10

year filing range

Govt. Notice

yrs to notify govt.

1 of these entries are marked “Unverified.” They have been added to the register but not yet checked line-by-line against the current statute text. Treat those figures as a starting point only, and confirm the citation at its official source before relying on it.

2 YEARS

Personal Injury

Two years after the cause of action accrued, for damages for an injury to the person.

735 ILCS 5/13-202 ✓ Verified

2 YEARS

Medical Malpractice

Two years after the claimant knew or should have known of the injury, and in no event more than four years from the date of the act or omission.

735 ILCS 5/13-212 ✓ Verified

10 YEARS

Written Contract

Ten years on a written contract — among the longest contract windows in the country.

735 ILCS 5/13-206 ✓ Verified

5 YEARS

Property Damage

Five years for damage to property — Illinois runs property claims far longer than the two-year personal-injury period.

735 ILCS 5/13-205 ✓ Verified

1 YEARS

Defamation

One year for slander, libel, or publication of matter violating the right of privacy.

735 ILCS 5/13-201 ✓ Verified

2 YEARS

Product Liability

Two years for personal injury from a defective product, under the general personal-injury period.

735 ILCS 5/13-213 Unverified

2 YEARS

Wrongful Death

Two years from the date of death, under the Wrongful Death Act rather than the general limitations article.

740 ILCS 180/2 ✓ Verified

5 YEARS

Fraud

Five years under the residual provision covering civil actions not otherwise provided for.

735 ILCS 5/13-205 ✓ Verified

5 YEARS

Breach of Oral Contract

Five years on an unwritten contract — half the written-contract window, but still longer than most states allow for either.

735 ILCS 5/13-205 ✓ Verified

2 YEARS

Legal Malpractice

Two years after the claimant knew or should have known of the injury, with a six-year outer limit from the act or omission.

735 ILCS 5/13-214.3 ✓ Verified

2 YEARS

Assault & Battery

Two years, under the general injury-to-the-person period.

735 ILCS 5/13-202 ✓ Verified

5 YEARS

Trespass to Land

Five years, as an action for damage to property under the residual provision.

735 ILCS 5/13-205 ✓ Verified

years

Government claims notice

Suit against a local public entity within 1 year — 745 ILCS 10/8-101 The Local Governmental and Governmental Employees Tort Immunity Act cuts the filing period to one year for civil actions against a local public entity or its employees — half the ordinary two-year personal-injury period. Claims against the State go to the Illinois Court of Claims under a separate regime with its own deadlines. Illinois abolished the general pre-suit notice requirement, so the trap here is the shortened limitations period rather than a notice form.

Common Questions About Illinois Deadlines

What is the statute of limitations in Illinois?

It depends on the type of claim. Illinois filing deadlines range from 1 year to 10 years — for example, personal injury 2 years, breach of a written contract 10 years, medical malpractice 2 years, defamation 1 year.

How long do you have to file a personal injury lawsuit in Illinois?

2 years under 735 ILCS 5/13-202. Two years after the cause of action accrued, for damages for an injury to the person. Full personal injury rules →

What is the statute of limitations for wrongful death in Illinois?

2 years under 740 ILCS 180/2. Two years from the date of death, under the Wrongful Death Act rather than the general limitations article. Full wrongful death rules →

What is the statute of limitations for medical malpractice in Illinois?

2 years under 735 ILCS 5/13-212. Two years after the claimant knew or should have known of the injury, and in no event more than four years from the date of the act or omission. Full medical malpractice rules →

What is the statute of limitations for breach of contract in Illinois?

10 years under 735 ILCS 5/13-206. Ten years on a written contract — among the longest contract windows in the country. Full breach of a written contract rules →

How long do you have to sue for defamation in Illinois?

1 year under 735 ILCS 5/13-201. One year for slander, libel, or publication of matter violating the right of privacy. Full defamation rules →

What is the statute of limitations for property damage in Illinois?

5 years under 735 ILCS 5/13-205. Five years for damage to property — Illinois runs property claims far longer than the two-year personal-injury period. Full property damage rules →

Do you have to notify the government before suing in Illinois?

Often, yes. Suit against a local public entity within 1 year under 745 ILCS 10/8-101. This is usually much shorter than the ordinary deadline.

Know your rights — check the claim type that matches your situation, then confirm the deadline with a licensed attorney.

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Illinois Statute of Limitations (2026)

Common Questions About Illinois Deadlines

What is the statute of limitations in Illinois?

How long do you have to file a personal injury lawsuit in Illinois?

What is the statute of limitations for wrongful death in Illinois?

What is the statute of limitations for medical malpractice in Illinois?

What is the statute of limitations for breach of contract in Illinois?

How long do you have to sue for defamation in Illinois?

What is the statute of limitations for property damage in Illinois?

Do you have to notify the government before suing in Illinois?

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