United States · Illinois statutory procedure
What is the ordinary Illinois personal-injury limitation period?
Section 13-202 ordinarily requires a personal-injury action within two years after accrual. Establish accrual independently. Special patient-care, local-public-entity and product rules, disability provisions and specified criminal circumstances can change the analysis.
- Period
- Two calendar years after independently established accrual
- Trigger
- Independently established accrual of the covered Section 13-202 cause of action
- Rule
- 735 ILCS 5/13-202
Section 13-202 source note P.A. 99-90, effective January 1, 2016.
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Has this particular injury claim accrued?
Identify the alleged injury, defendant and cause of action before selecting Section 13-202.
Establish actual accrual from the governing law and facts; an accident date is not automatically every claim’s accrual date.
Check whether a special patient-care, local-entity, product, disability or criminal provision applies.
735 ILCS 5/13-202How is the ordinary injury period counted?
- Identify the alleged injury, defendant and cause of action before selecting Section 13-202.
- Count two calendar years from independently established accrual. Do not use the ordinary count to resolve another statute’s discovery, repose or tolling conditions.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Commence the correct action against the proper defendant and preserve the complaint filing record. Retain the evidence establishing accrual and any separately applicable limitation rule.
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 the ordinary unadjusted Section 13-202 accrual period after excluding a more specific provision. This calculator does not decide when a claim accrued. Fictitious statutory event, independently established under the precise scope stated in this guide. Use the ordinary unadjusted Section 13-202 accrual period after excluding a more specific provision. This calculator does not decide when a claim accrued.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Independently established accrual of the covered Section 13-202 cause of action | August 2, 2025 |
| Applicable statutory period | Two calendar years after independently established accrual | August 2, 2027 |
Fictitious covered claim with independently established accrual. The result does not decide accrual or exclude a different claim-specific statute.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- The defendant and claim can select another period
- Licensed patient-care claims use Section 13-212’s paired periods. Qualifying local-entity or employee claims use 745 ILCS 10/8-101. Product strict-liability claims can require Section 13-213 analysis.
- At-accrual disability requires separate review
- Section 13-211 covers specified Sections 13-201 through 13-210 claims where minority or legal disability exists at accrual. Its later-disability stay and repose qualification must be examined independently.
- Specified convicted-perpetrator claims are excluded
- Section 13-202 excepts the stated damages arising from first-degree murder or a Class X felony where the actor has been convicted. Section 13-214.1 supplies a separate rule.
- A criminal escrow account has its own stated event
- Section 13-202 provides a two-year period from establishment of the specified account for an action for damages against the offender. Establish that account rather than substituting ordinary accrual.
- Compelled-confession circumstances have special tolling
- The statute addresses compelled confession caused by imminent bodily harm or threats and resulting prosecution. Its incarceration and favorable-adjudication timing has stated conditions and excludes covered local governmental claims.
- 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 5/13-202
What is the ordinary Illinois personal-injury limitation period?
Does the accident date always start the two years?
The statute uses accrual. Establish the legal and factual accrual date for the actual cause of action before entering it.
735 ILCS 5/13-202Does the ordinary two years apply to a local public employee?
Identify the actual defendant and claim. Section 8-101 has a separate ordinary one-year rule and a patient-care exception; the location of injury alone does not determine the category.
735 ILCS 5/13-202Are all felony-related injury claims governed by two years?
No. Section 13-202 contains specified conviction and compelled-confession provisions. Confirm the offense, conviction and statutory prerequisites.
735 ILCS 5/13-202Official statutory sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-202 | The specific statutory actor, triggering event, period and qualifications |
| 735 ILCS 5/13-211 | Specific statutory qualification referenced in the guide |
| 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 |