Illinois at a glance
Illinois allows two years to sue for injury to the person[1] and two years after death for a wrongful death action.[2] Most claims against a local public entity must be filed within one year.[3] A plaintiff more than 50% at fault is barred.[4] Drivers must carry at least $25,000/$50,000 in bodily injury liability coverage.[5]
Filing deadlines
735 ILCS 5/13-202
Actions for damages for an injury to the person, … shall be commenced within 2 years next after the cause of action accrued
Source: [1]
Wrongful Death Act: 740 ILCS 180/2
Except as otherwise provided in subsection (e) of this Section, every such action shall be commenced within 2 years after the death of such person
Source: [2]
Local governments: 745 ILCS 10/8-101(a)
No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued.
Source: [3]
Shared fault
735 ILCS 5/2-1116
the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought.
Source: [4]
If the plaintiff’s fault is not more than 50%, damages are “diminished in the proportion to the amount of fault attributable to the plaintiff.”[4]
Auto insurance requirements
Illinois requires liability coverage of not less than $25,000 for bodily injury to or death of one person, $50,000 for two or more people and $20,000 for property damage.[5] Illinois is not a no-fault state.[6]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- 735 ILCS 5/13-202. Illinois General Assembly. https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-202.htm
- 740 ILCS 180/2 (Wrongful Death Act). Illinois General Assembly. https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074001800K2
- 745 ILCS 10/8-101. Illinois General Assembly. https://www.ilga.gov/Documents/legislation/ilcs/documents/074500100K8-101.htm
- 735 ILCS 5/2-1116. Illinois General Assembly. https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116
- 625 ILCS 5/7-203. Illinois General Assembly. https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K7-203
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
