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Illinois

Statutes of Limitations in Illinois

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Use the links below to learn more about the medical malpractice and wrongful death statutes of limitations and caps in Illinois. If you have questions about your legal rights after a birth injury, call our lawyers at (877) 262-9767:

If your child has been affected by a birth injury in Illinois, we understand that your family’s future may seem uncertain. At Grant & Eisenhofer P.A., our lawyers help families navigate litigation to recover the compensation they need and deserve after a birth injury.

It is important to speak to an attorney who focuses on birth injury cases as soon as possible. One of the reasons for this is due to the statutes of limitations in your state. A statute of limitations is essentially a time limit or deadline for filing a claim against a negligent party. If you do not file your claim within the statute of limitations, your case may be barred forever and not allowed to proceed.

Illinois Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs): 8 Years

8 years: 735 ILCS § 5/13-212(b): No actions for damages arising out of patient care shall be brought more than 8 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death where the person entitled to bring the action was, at the time the cause of action accrued, under the age of 18 years; provided, however, that in no event may the cause of action be brought after the person’s 22nd birthday. If the person was under the age of 18 years when the cause of action accrued and, as a result of this amendatory Act of 1987, the action is either barred or there remains less than 3 years to bring such action, then he or she may bring the action within 3 years of July 20, 1987.

Illinois Statute of Limitations for Medical Malpractice Claims (Parental Claims): 2 Years

2 years: 735 ILCS § 5/13-212(a): 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 years after the date on which occurred the act or omission.

Illinois Medical Malpractice Claim Caps

No caps on damages.

Illinois Statute of Limitations for Wrongful Death Claims: 2 Years

2 years: 735 ILCS § 5/13-212: Except as provided in Section 13-215 of this Act [735 ILCS 5/13-215], no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death.

Illinois Wrongful Death Claim Caps

Not applicable for the state of Illinois.


The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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