Illinois Personal Injury Law: 2-Year Deadline and 50% Fault Bar
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- Most Illinois personal injury lawsuits must be filed within two years (735 ILCS 5/13-202).
- Illinois bars recovery if you are more than 50 percent at fault (735 ILCS 5/2-1116). At 50 percent or less, damages are reduced by your share.
- Claims against local government are often subject to a one-year deadline under the Local Governmental Tort Immunity Act.
- Wrongful death claims generally have a two-year deadline from the date of death (740 ILCS 180/2).
- The required minimum auto liability coverage is 25/50/20, and Illinois is a fault-based, not no-fault, state.
Last checked against official sources: October 6, 2026. Laws change, and courts interpret them. Before relying on a deadline or rule, confirm it on your state's official website or with a licensed attorney.
Illinois follows a fairly clear set of injury rules: two years to sue, a fault bar above 50 percent and minimum insurance limits that many people find lower than they expect. The surprise is in the details: claims against local government can run on a much shorter clock.
This guide summarizes the main rules and shows where each comes from, so you can read the statutes yourself. It is educational only and not advice about your case.
Illinois personal injury rules at a glance
| Rule | What it says | Where it comes from |
|---|---|---|
| Injury deadline | Two years | 735 ILCS 5/13-202 |
| Wrongful death deadline | Two years from the date of death (longer in certain violent-conduct cases) | 740 ILCS 180/2 |
| Fault bar | Barred if your contributory fault is more than 50 percent; otherwise damages reduced | 735 ILCS 5/2-1116 |
| Local government | Generally one year to sue; written notice may also be required | Local Governmental Tort Immunity Act, 745 ILCS 10/8-101 |
| Minimum auto liability | $25,000 per person, $50,000 per accident, $20,000 property damage | 625 ILCS 5/7-203 |
The two-year deadline
Section 13-202 of the Code of Civil Procedure sets a two-year limit for most personal injury actions. The clock usually starts when the injury occurs. Illinois also has a discovery rule in some situations and special rules for medical negligence, which generally allow two years from discovery with an outer limit of four years, and for minors. For property damage, the period is longer, generally five years.
The fault bar
Section 2-1116 of the Code of Civil Procedure applies to actions for bodily injury or death or physical damage to property, based on negligence or on strict product liability. It says the plaintiff is barred from recovering damages if the trier of fact finds the plaintiff's contributory fault is more than 50 percent of the proximate cause of the injury. A plaintiff whose fault is not more than 50 percent can recover, but damages are reduced in proportion to the plaintiff's fault. The statute also says no contributory fault may be attributed to a plaintiff bringing an action for personal injury based on childhood sexual abuse.
| Your share of fault | Recovery on $100,000 in damages |
|---|---|
| 0 percent | $100,000 |
| 20 percent | $80,000 |
| 50 percent | $50,000 |
| 51 percent | $0 (barred) |
Because Illinois uses the same cut-off as Texas and Florida, the difference between 50 and 51 percent can decide a case. See our guide to comparative negligence and try our Settlement Range Explainer.
Claims against local government
When a city, county, school district, transit authority or other local public entity is involved, the Local Governmental Tort Immunity Act can apply. It is commonly cited as setting a one-year deadline to sue and may also require written notice within a shorter period, such as six months, to certain public bodies. Because the rules vary by entity, treat the shortest possible deadline as your working deadline and confirm it right away.
Wrongful death in Illinois
The Illinois Wrongful Death Act, 740 ILCS 180/2, generally requires an action within two years after the date of death. The action is brought by the personal representative of the person's estate for the benefit of the surviving family. In some cases involving violent intentional conduct, the law provides additional time. The deadline runs from death, not from the date of the injury. Read our guide on wrongful death vs. survival claims.
Car insurance in Illinois
Illinois is a fault-based state, not a no-fault state. The Illinois Department of Insurance explains that 625 ILCS 5/7-203 requires most motorists to carry liability coverage of $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage. Illinois also generally requires uninsured motorist bodily injury coverage in amounts matching the minimum bodily injury limits. As in other states, a driver with only minimum coverage can leave a seriously injured person short. Read more about uninsured and underinsured motorist coverage.
Practical steps
- Get medical care and keep every record.
- Report the crash, get the police report number and photograph the scene. See our car accident checklist.
- Check immediately whether any local government body may be involved.
- Calendar two years (or sooner) and add earlier reminders.
- Be careful with statements about fault, because crossing 50 percent ends the claim.
- Think before accepting a quick offer. See how settlements work.
Frequently asked questions
How long do I have to file a personal injury lawsuit in Illinois?
Generally two years under 735 ILCS 5/13-202, with exceptions for certain claims and a shorter period for many local government claims.
What if I was partly at fault in Illinois?
You can recover if your fault was not more than 50 percent, but your damages are reduced by your percentage. More than 50 percent bars recovery.
How long do I have to sue a city or county in Illinois?
Under the Local Governmental Tort Immunity Act the deadline is commonly one year, and written notice may also be required. Check the specific entity.
Is Illinois a no-fault state?
No. It is a fault-based system, and the minimum liability limits are $25,000 per person, $50,000 per accident and $20,000 for property damage.
Sources and references
- 735 ILCS 5/2-1116, Illinois General Assembly (ilga.gov)
- Auto insurance consumer information, Illinois Department of Insurance (insuranceqa.illinois.gov)
- Selected statutes of limitations, Illinois Legal Aid Online (illinoislegalaid.org)
- Illinois Compiled Statutes: 735 ILCS 5/13-202, 740 ILCS 180/2, 745 ILCS 10/8-101, 625 ILCS 5/7-203, Illinois General Assembly (ilga.gov)
- Comparative negligence, Legal Information Institute, Cornell Law School (law.cornell.edu)
Edited by Mohammed Khalaf, site editor. Written from the official sources listed above. The editor is not an attorney, and this article is not legal advice.
This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.