Illinois Statute of Limitations for Slip and Fall Injuries

A slip and fall can happen in an instant. One moment you’re walking through Millennium Park, crossing a wet floor at a restaurant on Michigan Avenue, or heading up the stairs at a CTA station, and the next you’re on the ground with a serious injury. What you do in the days and weeks after that fall matters, but so does the calendar. Illinois law sets a strict deadline for filing a personal injury lawsuit, and missing it means losing your right to compensation, no matter how strong your case is. If you were hurt in a slip and fall in Chicago, understanding the statute of limitations is the first step toward protecting yourself.

Table of Contents

• The Two-Year Deadline Under Illinois Law
• When the Clock Starts: Understanding When Your Claim Accrues
• Special Exceptions: Minors, Legal Disability, and Tolling
• Suing the City of Chicago or a Government Entity
• How Illinois Comparative Fault Affects Your Claim
• FAQs About Illinois Statute of Limitations for Slip and Fall Injuries

The Two-Year Deadline Under Illinois Law

Illinois gives most slip and fall injury victims two years to file a personal injury lawsuit. For the majority of personal injury cases in Illinois, the law provides a clear and strict deadline. As outlined in 735 ILCS 5/13-202, a plaintiff has two years from the date the injury occurred to file a lawsuit. That deadline applies whether you slipped on a greasy floor at a Chicago restaurant, fell on broken pavement near Wicker Park, or took a hard fall on ice outside a Gold Coast apartment building.

Two years may sound like plenty of time, but it goes fast. You spend the first weeks focused on medical care, the next months dealing with insurance adjusters, and before you know it, the deadline is close. This two-year rule applies to a wide range of common incidents, including car accidents, slip and falls, dog bites, and other situations arising from general negligence. For slip and fall cases specifically, the clock typically starts on the day of your accident. If you fell on November 15, 2024, you generally have until November 15, 2026 to file your lawsuit in Illinois court.

Missing that deadline has serious consequences. Miss it by even 24 hours, and the judge will dismiss your case without looking at your evidence, your medical bills, or how badly you were hurt. The property owner’s attorney will file a motion to dismiss, and the court will grant it. Your injuries, your medical costs, your lost wages, all of it becomes irrelevant once the deadline passes. Working with a Chicago personal injury lawyer as soon as possible after your accident is the best way to make sure your rights stay protected.

It’s also worth knowing that under Illinois law, the two-year clock does not give you a reason to wait. Evidence disappears. Surveillance footage from a store near Logan Square or a parking garage in the South Loop gets overwritten. Witnesses move away. Property conditions get repaired. The sooner you act, the stronger your case will be.

When the Clock Starts: Understanding When Your Claim Accrues

In most slip and fall cases, the two-year countdown begins the moment you are injured. A personal-injury claim normally “accrues,” and the statute of limitations begins running, on the date an injury occurs. But in cases where the discovery rule applies, the claim does not accrue until the date when a person knows, or through the exercise of reasonable diligence should have known, of the injury. For a typical fall on a wet floor at a River North bar or a cracked sidewalk in Pilsen, the date of the accident is the date the clock starts.

The discovery rule is less common in slip and fall cases than in medical malpractice claims, but it can still apply. Say you fell and thought you only had a minor bruise, but weeks later a doctor discovers you have a herniated disc or a traumatic brain injury. In that situation, an argument can be made that your claim did not fully accrue until you knew, or reasonably should have known, about the full extent of the injury. Illinois courts have applied this rule in limited circumstances, but you should not count on it as a safety net.

There is also a hard cap to consider. Statutes of repose are similar to statutes of limitations, in that they both set time limits for filing a lawsuit, but statutes of repose are measured from a date specified in the statute, not the date when a claim accrues. A lawsuit will be barred if it is filed after the statute of repose expires, even if the statute of limitations has not yet run. For general personal injury matters in Illinois, this outer limit matters if you are relying on the discovery rule to extend your filing window. The safest approach is always to treat the date of your accident as the date your clock starts, and to contact a Chicago slip and fall lawyer right away.

Knowing exactly when your claim accrues is not always straightforward. Injuries from falls on broken stairs, loose handrails, or uneven surfaces can have delayed symptoms. Do not assume you have more time than you do. Get a legal opinion early.

Special Exceptions: Minors, Legal Disability, and Tolling

Not every slip and fall victim is an adult in full legal capacity on the day of their accident. Illinois law recognizes this and provides specific exceptions that pause, or “toll,” the statute of limitations in certain situations. The law also provides protections for individuals who lack the legal capacity to file a lawsuit. In these cases, the statute of limitations is tolled, which is the legal term for pausing the clock. For minors (individuals under the age of 18) who are injured, the clock is tolled until they reach adulthood. This means they typically have two years from their 18th birthday to file a personal injury claim, regardless of when the injury occurred during their childhood.

So if a child is injured in a fall at a Chicago playground or a school in Hyde Park at age 10, that child generally has until age 20 to file a lawsuit. Parents can and often should file on behalf of their child before the child turns 18. Waiting is risky because evidence fades, witnesses become harder to find, and property conditions change.

Legal disability is another recognized exception. The statute is also tolled for individuals who are under a legal disability, such as being in a coma, at the time of the injury. The clock will only begin to run once that legal disability is removed. Under 735 ILCS 5/13-211, if a person was already under a qualifying legal disability when the accident happened, the two-year period does not start until that disability is lifted. If you fell under the disability at some point after you were injured, but before the statute of limitations passed, the time you spend under the disability does not count against the two years.

There is also a tolling provision for a defendant’s absence from Illinois. Under 735 ILCS 5/13-208, if the defendant leaves the state of Illinois for a period of time after the injury occurred but before a lawsuit could be filed, the two-year countdown will be paused until they return to the state. These exceptions exist, but courts apply them narrowly. Relying on an exception rather than filing on time is a gamble. A qualified slip and fall attorney can review your specific situation and tell you exactly where you stand.

Suing the City of Chicago or a Government Entity

Falls on public sidewalks, CTA platforms, Chicago Park District property, or city-owned buildings involve government entities, and those claims come with a much shorter deadline. The Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101) provides special protections to government entities and employees. Under this act, you generally have just one year to file a claim against a city, county, school district, or other local government body, half the time allowed for claims against private parties.

That one-year deadline applies to slip and fall claims against the City of Chicago, the Chicago Transit Authority, Chicago Public Schools, and similar entities. If you fell near a CTA station in Andersonville or on a broken sidewalk in Bridgeport that the city was responsible for maintaining, you have one year from the date of the accident to file your lawsuit. That is a tight window, especially when you factor in ongoing medical treatment and insurance negotiations.

The notice requirement makes government claims even more time-sensitive. Some claims require formal notice within an even shorter period. For example, if you slip and fall on improperly maintained public property, you may need to provide written notice of your injury within 45 days to certain government entities. Failing to provide this notice can bar your claim completely. Missing the notice deadline can end your case before it even starts. If your fall happened on public property, anywhere from the Lakefront Trail to the steps of the Daley Center courthouse, contact a slip and fall lawyer immediately. Government claims require fast action and precise procedural steps.

It also matters who owns the property where you fell. A fall on a privately owned sidewalk adjacent to a Loop office building is treated differently than a fall on a city-maintained sidewalk. Identifying the right defendant is a critical step, and it directly affects which deadline applies to your case.

How Illinois Comparative Fault Affects Your Claim

Filing before the deadline is essential, but it is not the only legal issue that affects your recovery. Illinois uses a modified comparative fault system, and it applies directly to slip and fall cases. Under 735 ILCS 5/2-1116, if you are found to be more than 50 percent at fault for your own injury, you are barred from recovering any damages. If your fault is 50 percent or less, your damages are reduced by your percentage of fault.

What does that mean in practice? Say you fell on a wet floor at a grocery store in Lincoln Park. The property owner argues you were looking at your phone and ignored a warning sign. If a jury finds you were 30 percent at fault, your total damages are reduced by 30 percent. If they find you were 51 percent at fault, you receive nothing. This is why the way your claim is built, and the evidence gathered to support it, matters so much.

Strong evidence, gathered quickly, is your best defense against a comparative fault argument. That means incident reports, surveillance footage, witness statements, and photos of the hazardous condition. The Illinois Premises Liability Act, found at 740 ILCS 130, sets the standard for what property owners owe visitors. Under that law, owners must exercise reasonable care in maintaining their property. When they fail to do so, and you are injured as a result, you have the right to pursue compensation.

Damages in a successful slip and fall case can include medical expenses, future medical costs, lost wages, loss of earning capacity, pain and suffering, and emotional distress. Wrongful death claims, governed by 740 ILCS 180, carry their own two-year deadline measured from the date of death. If a loved one died from injuries suffered in a fall, the family has two years from the date of that death to file a wrongful death action. A skilled slip and fall attorney can assess the full value of your claim and fight to recover every dollar you are owed. The team at Briskman Briskman & Greenberg is ready to help you understand your options and take action before time runs out. Contact us today for a free consultation.

Do not let the clock run out on a valid claim. Whether your fall happened on a slippery tile floor in Chinatown, an icy driveway in Lakeview, or a poorly lit hallway in a West Loop office building, the law gives you a limited window to act. Working with an experienced slip and fall lawyer at Briskman Briskman & Greenberg means having someone in your corner who knows Illinois premises liability law and will fight to protect your rights from day one.

FAQs About Illinois Statute of Limitations for Slip and Fall Injuries

How long do I have to file a slip and fall lawsuit in Chicago?

Under 735 ILCS 5/13-202, you have two years from the date of your injury to file a personal injury lawsuit in Illinois. For most slip and fall cases in Chicago, the clock starts on the day of the accident. Missing this deadline almost always means losing your right to compensation entirely, so acting quickly is critical.

What happens if I fell on city property, like a public sidewalk or CTA station?

Claims against the City of Chicago, the CTA, or other government entities are governed by the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101), which gives you only one year to file a lawsuit. On top of that, you may need to provide written notice of your injury to the government entity within 45 days of the accident. Missing either deadline can bar your claim completely.

Does the two-year deadline apply if the injured person is a child?

Under 735 ILCS 5/13-211, the statute of limitations is tolled for minors. If the injured person was under 18 at the time of the accident, the two-year clock does not start until they turn 18. That gives them until their 20th birthday to file. However, waiting that long is risky because evidence disappears over time, so it is best to consult an attorney as soon as possible after a child is injured.

Can I still file a claim if I did not realize how serious my injuries were right away?

Illinois courts recognize a discovery rule, which can delay when the statute of limitations begins to run if you did not know, and could not reasonably have known, about your injury. However, courts apply this rule narrowly in slip and fall cases. The safest assumption is that your two-year clock started on the date of your fall. If you believe the discovery rule might apply to your situation, speak with an attorney right away to evaluate your options.

Does Illinois comparative fault law affect how much time I have to file?

Comparative fault under 735 ILCS 5/2-1116 does not change the filing deadline, but it does affect how much compensation you can recover. If you are found to be more than 50 percent at fault for your own fall, you cannot recover any damages. If your fault is 50 percent or less, your award is reduced by your percentage of fault. This makes it especially important to gather strong evidence quickly, before property conditions are repaired and witness memories fade.

More Resources About Chicago and Illinois Slip and Fall Injury Laws

• Illinois Premises Liability Law for Slip and Fall Injuries
• Chicago Property Maintenance Codes and Slip and Fall Injuries
• Illinois Snow and Ice Laws for Slip and Fall Injuries
• Chicago Sidewalk Liability Laws for Slip and Fall Injuries
• Illinois Comparative Negligence in Slip and Fall Injury Cases
• Notice Requirements in Slip and Fall Injury Claims
• Trespasser vs Invitee vs Licensee in Illinois