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13-211.Minors and persons under legal disability.

Article XIII. Limitations · Part 2. Personal Actions · Last amended 2015 · Last verified July 20, 2026

In one sentenceGives a minor or a person under legal disability 2 years after turning 18 or after the disability is removed to sue on claims covered by Sections 13-201 through 13-210, while capping how long that stay can last on the 5-year and 10-year periods.

Full Text of 735 ILCS 5/13-211

Text sizeJump to: (a) (b)

(a) If the person entitled to bring an action, specified in Sections 13-201 through 13-210 of this Code, at the time the cause of action accrued, is under the age of 18 years or is under a legal disability, then he or she may bring the action within 2 years after the person attains the age of 18 years, or the disability is removed.
(b) If the person entitled to bring an action specified under Sections 13-201 through 13-210 of this Code is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (b) does not invalidate any statute of repose provisions contained in Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3, 13-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of this Code. In no event shall the period of limitations for a cause of action under Section 13-205 or 13-206 of this Code be stayed in excess of 10 years from the date of the adjudication of legal disability. This subsection (b) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.

Plain-English Summary

This section extends the deadlines set in Sections 13-201 through 13-210 for two groups of plaintiffs. Under subsection (a), if the person entitled to sue was under 18 or under a legal disability when the claim accrued, that person may sue within 2 years after turning 18 or after the disability is removed.

Subsection (b) covers a person who wasn't under a disability when the claim accrued but becomes disabled before the normal deadline runs out — the limitations period is stayed until the disability is removed. That stay, though, doesn't override the statute-of-repose provisions built into Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3, 13-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210. And for the 5-year and 10-year catch-all periods in Sections 13-205 and 13-206, the stay can never exceed 10 years from the date the person was adjudicated legally disabled.

Frequently Asked Questions

How long does a minor have to sue in Illinois after turning 18?

2 years after turning 18, for claims covered by Sections 13-201 through 13-210.

What if someone becomes legally disabled after the claim already accrued?

Under subsection (b), the limitations period is stayed until the disability is removed, rather than restarting a fresh 2-year period.

Does the disability stay override every repose deadline in this Article?

No. It doesn't invalidate the statute-of-repose provisions in the sections listed in subsection (b): Sections 13-201 through 13-204 and 13-207 through 13-210.

Is there a cap on how long the stay can last for the 5-year and 10-year periods?

Yes. For claims under Sections 13-205 or 13-206, the stay can't exceed 10 years from the date the person was adjudicated legally disabled.

Does this section apply to every limitations period in the Code?

No. It applies to actions specified in Sections 13-201 through 13-210, not to every limitations section in this Article.

Amendment History

(Source: P.A. 98-1077, eff. 1-1-15.)

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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