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United States · Illinois statutory procedure

When is an ordinary Illinois local-public-entity injury action due?

Section 8-101(a) ordinarily requires the covered action against a local public entity or its employee within one year after injury or accrual. Subsection (b) separately governs patient-care injury or death. Identify the defendant and governing claim before using this ordinary component.

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Period
One calendar year after the governing injury or accrual event
Trigger
The independently established injury-receipt or accrual event governing the subsection (a) action
Rule
745 ILCS 10/8-101(a)–(d)
745 ILCS 10/8-101(a)–(d)

Section 8-101 source note P.A. 93-11, effective June 4, 2003.

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Is the defendant and claim covered by subsection (a)?

Identify the defendant’s actual local-public-entity or employee status, rather than relying on the location of injury.

Establish whether the claimed injury arises out of patient care under subsection (b).

Determine and preserve the governing injury or accrual event for the particular covered action.

745 ILCS 10/8-101(a)–(d)

How is the ordinary local-government injury period counted?

  1. Identify the defendant’s actual local-public-entity or employee status, rather than relying on the location of injury.
  2. Measure one calendar year after the independently established subsection (a) event. The patient-care branch instead has discovery and act-based components. This preset does not identify the applicable cause of action.
  3. Check the final weekend, statutory holiday and the proper court’s actual calendar.
  4. Commence the correct covered action against the proper defendant and retain injury, accrual and defendant-status evidence. Establish any separate governing statutory requirements before filing.

Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.

5 ILCS 70/1.11

What does an independently derived example show?

Fictitious example

Use subsection (a) only for the covered local entity or employee and non-patient-care action. Identify the actual claim and event independently. This does not classify every state or federal claim involving a public employee. Fictitious statutory event, independently established under the precise scope stated in this guide. Use subsection (a) only for the covered local entity or employee and non-patient-care action. Identify the actual claim and event independently. This does not classify every state or federal claim involving a public employee.

Example counting steps
StepWhat is countedDate
Established statutory eventThe independently established injury-receipt or accrual event governing the subsection (a) actionAugust 2, 2026
Applicable statutory periodOne calendar year after the governing injury or accrual eventAugust 2, 2027
Example resultAugust 2, 2027

Fictitious qualifying non-patient-care action. Defendant status, governing claim and the applicable injury or accrual event are independently established.

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Which qualifications change this statutory calculation?

Patient care is expressly separated
Subsection (a) excepts (b). The latter addresses patient-care injury or death with two years from the earliest stated knowledge or notice and a four-year act-based component.
Covered civil actions have broad stated scope
Subsection (c) includes common-law, statutory and Illinois constitutional actions. Determine the governing claim separately rather than infer that this text governs every federal cause of action.
Location alone does not establish the defendant’s status
Subsection (a) specifies a local public entity or its employee. A public location or publicly funded activity alone does not establish that the defendant falls within that category.
Historical application has protected-rights qualifications
Subsection (d) addresses the 2003 amendment’s application to pending and later actions, without impairing vested rights or creating the stated new duties or liabilities for past events.
745 ILCS 10/8-101(a)–(d)
  • This calculation does not determine whether relief is available or whether the facts satisfy the statute.
  • A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.

What must be completed and preserved?

Questions about 745 ILCS 10/8-101(a)–(d)

When is an ordinary Illinois local-public-entity injury action due?

Does ordinary personal injury always give two years against a local entity?

The qualifying subsection (a) action has a one-year rule. Identify the defendant, claim and patient-care exception before selecting a period.

745 ILCS 10/8-101(a)–(d)

Does patient care use this ordinary one-year count?

No. Subsection (b) supplies the separate patient-care discovery and act-based scheme.

745 ILCS 10/8-101(a)–(d)

Does an accident on public property prove the one-year rule applies?

No. Establish the actual defendant’s local-entity or employee status and the governing claim, rather than infer them from the location.

745 ILCS 10/8-101(a)–(d)

Official statutory sources and review

Provisions used (6)
Provisions used in this guide
ProvisionPurpose
745 ILCS 10/8-101(a)–(d)The specific statutory actor, triggering event, period and qualifications
5 ILCS 70/1.11Triggering-day exclusion and the final eligible day
205 ILCS 630/17(a), (d)Illinois statutory holidays and consecutive excluded days
Illinois Supreme Court Rule 9(f)Applicable court filing, service and proof requirements, separate from agency service
Illinois Supreme Court Rule 11Applicable court filing, service and proof requirements, separate from agency service
Illinois Supreme Court Rule 12Applicable court filing, service and proof requirements, separate from agency service
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