United States · Illinois statutory procedure
When may an Illinois claimant sue after minority or legal disability at accrual ends?
For a covered claim under Sections 13-201 through 13-210, Section 13-211(a) allows two years after attaining age eighteen or removal of legal disability that existed at accrual. Later-arising disability uses subsection (b) and a different analysis.
- Period
- Two calendar years after the applicable age or disability-removal event
- Trigger
- Attaining age eighteen or removal of the legal disability that existed at accrual
- Rule
- 735 ILCS 5/13-211(a), (b)
Section 13-211 source note P.A. 98-1077, effective January 1, 2015. The current official extract preserves the separate subsections (a) and (b).
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Did minority or legal disability exist when the covered claim accrued?
Identify a covered action specified in Sections 13-201 through 13-210.
Establish minority or legal disability at the actual accrual date.
Obtain the actual eighteenth birthday or removal of that legal disability. A later disability adjudication is not automatically the removal event.
735 ILCS 5/13-211(a), (b)How is the subsection (a) two-year period counted?
- Identify a covered action specified in Sections 13-201 through 13-210.
- Count two calendar years from the independently established eighteenth birthday or removal of the at-accrual legal disability. Apply Section 1.11 to a final excluded day. Do not give later-arising disability a fresh subsection (a) period automatically.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Commence the covered action within its applicable period. Preserve the claim classification, accrual, age or disability evidence, removal event and filing record. The calculator does not decide legal capacity.
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 70/1.11What does an independently derived example show?
Fictitious example
Use subsection (a) only for a covered Sections 13-201 through 13-210 claim and minority or legal disability existing at accrual. This count does not classify later disability or other statutes. Fictitious established event. No extension, tolling, competing deadline or special order is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Attaining age eighteen or removal of the legal disability that existed at accrual | August 2, 2025 |
| Applicable statutory period | Two calendar years after the applicable age or disability-removal event | August 2, 2027 |
Fictitious facts. The event and statutory classification are independently established. The calculator does not determine accrual, legal disability, fraudulent concealment, effective agency service or an actual court extension.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- Only specified underlying actions fall within this subsection
- Subsection (a) refers to actions specified in Sections 13-201 through 13-210. It does not supply one universal minority rule for every Illinois cause of action.
- Disability must exist at accrual for subsection (a)
- The two-year period after removal concerns legal disability existing when the covered cause accrued. The calculator does not determine whether a condition constitutes legal disability.
- Later legal disability belongs under subsection (b)
- Subsection (b) stays the period where the claimant was not under legal disability at accrual but became disabled before limitations otherwise ran. Do not substitute the subsection (a) two-year count for that stay.
- The later-disability subsection preserves listed repose provisions
- Subsection (b) states that it does not invalidate the listed repose provisions in Sections 13-201 through 13-210. An assumed disability stay does not automatically displace repose.
- The later stay for residual and written claims is capped
- Subsection (b) caps stays for Section 13-205 or Section 13-206 claims at ten years from adjudication of legal disability. That adjudication event differs from disability removal.
- 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 735 ILCS 5/13-211(a), (b)
When may an Illinois claimant sue after minority or legal disability at accrual ends?
Does this page calculate a new period for disability beginning after accrual?
No. Subsection (b) addresses later-arising legal disability through a stay and additional limitations. This calculator concerns subsection (a).
735 ILCS 5/13-211(a), (b)Does Section 13-211(a) apply to every Illinois minor’s claim?
It identifies claims specified in Sections 13-201 through 13-210. Establish the actual governing statute before using this count.
735 ILCS 5/13-211(a), (b)Is disability adjudication the same as disability removal?
No. Subsection (a)’s count uses removal of the qualifying disability. Subsection (b)’s stated ten-year cap for Sections 13-205 and 13-206 uses adjudication.
735 ILCS 5/13-211(a), (b)Official statutory sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-211(a), (b) | The specific statutory actor, triggering event, period and qualifications |
| 735 ILCS 5/13-205 | The underlying residual claim category |
| 735 ILCS 5/13-206 | The underlying written-obligation category |
| 5 ILCS 70/1.11 | Triggering-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 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |