How Much Time Do I Have to File a Civil Lawsuit in Illinois?

 Posted on September 29, 2025 in Civil Litigation

When you are involved in a legal dispute, time is not on your side. Illinois law sets strict deadlines called statutes of limitation that determine when you need to file a civil lawsuit by. Missing these deadlines could mean missing out on receiving any compensation, even if your case is strong. If you are considering taking legal action, talk to a DuPage County, IL civil litigation attorney as soon as possible to make sure you are keeping track of important timelines.

What Are Statutes of Limitation in Illinois?

A statute of limitation is a law that sets a deadline for filing a lawsuit. Once the deadline passes, courts usually will not hear your case, no matter how much evidence you may have to support your claims. These deadlines are meant to ensure that disputes get resolved without unnecessary delay, preventing claims from growing stale with lost evidence or fading memories.

In Illinois, different types of cases have different time limits. For example, 735 ILCS 5/13-202 gives you two years to file a personal injury case, while 735 ILCS 5/13-206 allows up to 10 years to bring most written contract claims.

How Long Do I Have to File Different Types of Civil Cases?

Deadlines differ depending on the nature of your claim. Some of the most common examples include:

• Personal injury: Two years from the date of the injury

• Property damage: Five years from the date of damage

• Oral contract: Five years from when the agreement was broken

• Written contract: Ten years from the breach of contract

These deadlines can be shortened or extended under certain limited circumstances, including if the injured party is a minor or if the defendant left the state.

What Happens If I Miss the Deadline to File a Lawsuit?

If you wait too long to file, the defendant can ask the court to dismiss your case. Even if the evidence is clear, the court will likely grant the dismissal because statutes of limitation are strictly enforced. That is why it is so important to talk with a lawyer as soon as possible after a dispute arises.

Do I Need a Lawyer for Civil Litigation? 

An attorney can review the facts of your case and advise you on the correct filing deadline. Civil cases often involve multiple legal claims, each with its own statute of limitation. A lawyer will make sure your claim is filed properly and on time, and can also begin gathering evidence and negotiating with the other party to strengthen your case before trial.

Contact a DuPage County, IL Civil Litigation Lawyer

If you are unsure how long you have to file your lawsuit, do not wait until it is too late. At NN Legal Group, our Glen Ellyn, IL civil lawsuit attorneys offer free consultations and can explain your options clearly. Hablamos Español. Call us today at 630-474-0925 to get started.