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13-202.Personal injury - Penalty.

Article XIII. Limitations · Part 2. Personal Actions · Last amended 2016 · Last verified July 20, 2026

In one sentenceIllinois gives personal injury, false imprisonment, malicious prosecution, and related claims a 2-year deadline from accrual, with a special tolling rule for confessions compelled by threats of bodily harm.

Full Text of 735 ILCS 5/13-202

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Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.

Plain-English Summary

This is the section most people mean when they ask about Illinois's personal injury statute of limitations. It covers damages for injury to the person, false imprisonment, malicious prosecution, a statutory penalty, abduction, seduction, and a narrow category of criminal conversation claims — all commenced within 2 years after the cause of action accrued.

One carve-out involves crimes tied to a court-ordered escrow account under the Criminal Victims' Escrow Account Act: when the defendant's crime triggered that account, the plaintiff instead gets 2 years from the date the account was established. And the section excludes damages tied to first degree murder or a Class X felony conviction from its own coverage — those claims fall under Section 13-202.1's no-deadline rule instead.

The tolling rule stands out. If a defendant compelled a confession or information through imminent bodily harm or the threat of it, and that confession led in whole or part to a criminal prosecution of the plaintiff, the 2-year period pauses while the plaintiff is incarcerated, or until that prosecution is finally resolved in the plaintiff's favor, whichever comes later. This tolling rule doesn't reach units of local government covered by the Local Governmental and Governmental Employees Tort Immunity Act.

Frequently Asked Questions

What is the statute of limitations for a personal injury claim in Illinois?

2 years after the cause of action accrued, under Section 13-202.

What other claims share the 2-year deadline in this section?

False imprisonment, malicious prosecution, actions for a statutory penalty, abduction, seduction, and a narrow category of criminal conversation claims.

Are injuries from first degree murder or a Class X felony covered by this 2-year deadline?

No. The section excludes damages resulting from first degree murder or a Class X felony conviction; Section 13-202.1 governs those instead, with no time limit.

What happens if a confession was compelled by threats of bodily harm?

If that confession led to a criminal prosecution of the plaintiff, the 2-year period is tolled during incarceration or until the prosecution is finally resolved in the plaintiff's favor, whichever is later.

Does the compelled-confession tolling rule apply to a lawsuit against a city or county?

No. It doesn't apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.

Amendment History

(Source: P.A. 99-90, eff. 1-1-16.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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