735 Ill. Comp. Stat. § 5/13-202

Section 5/13-202 supplies the two-year limitations period for § 1983 actions brought in Illinois.

White · filed 2026-05-19

The “limitations period applicable to § 1983 actions brought in Illinois is the two-year period for general personal injury actions set forth in 735 ILCS 5/13-202.” Woods v. Illinois Dep’t of Child. & Fam. Servs., 710 F.3d 762, 766 (7th Cir. 2013). ... In sum, Plaintiff’s claims against Defendant John Doe are time-barred because (1) Plaintiff can no longer substitute the proper party within the statute of limitations, and (2) there is no basis for the equitable tolling of the limitations period.

Section 5/13-202 supplies the two-year limitations period for Section 1983 claims brought in Illinois.

Broughton · filed 2026-06-11

A two-year statute of limitations applies for claims brought pursuant to Section 1983. ... The Plaintiff’s Section 1983 claims must be dismissed as untimely.

The two-year personal injury limitations period applies to § 1983 claims for false arrest and wrongful pretrial detention in Illinois.

Richardson v. City of Chicago · filed 2025-03-26

In Illinois, claims for personal injuries are governed by a two-year statute of limitations, so § 1983 claims for false arrest and wrongful pretrial detention—which fall into the category of personal-injury claims—are subject to that limitations period.

Section 5/13-202’s two-year limitations period applies to § 1983 claims arising in Illinois.

Royster, Jr. v. City of Markham · filed 2025-08-01

Illinois’ two-year statute of limitations for personal injury claims applies to Royster’s § 1983 claims. E.g., Lewis v. City of Chicago, 914 F.3d 472, 478 (7th Cir. 2019) (citing 735 Ill. Comp. Stat. 5/13-202 and Wallace, 549 U.S. at 388–89).

Section 5/13-202 supplies a two-year limitations period for § 1983 claims filed in Illinois.

Lai v. City of Chicago · filed 2025-08-20

In Illinois, the appropriate statute of limitations is two years. See Towne v. Donnelly, 44 F.4th 666, 667 (7th Cir. 2022) (recognizing 735 Ill. Comp. Stat. 5/13-202 creates a two-year statute of limitations for § 1983 claims). A § 1983 claim accrues “when the plaintiff can file suit and obtain relief.” Wallace v. Kato, 549 U.S. 384, 388 (2007). Lai filed this case on August 13, 2024, meaning that he cannot base his § 1983 claims on events that occurred before August 13, 2022, including his attempted demotion.

Section 13-202 provides a two-year limitations period for Illinois personal injury actions, including section 1983 claims alleging childhood sexual abuse.

McCray v. Steeves · filed 2026-06-04

Federal law which controls the statute of limitations for McCray’s section 1983 action holds that the statute of limitations applicable to a section 1983 action pertaining to sexual abuse of a minor is the two- year statute of limitations for general personal injury actions (735 ILCS 5/13-202), not the twenty- year limitation contained in the Illinois Childhood Sexual Abuse Act (735 ILCS 5/13/-202.2).

Section 13-202’s two-year limitations period governs § 1983 claims arising in Illinois, including claims alleging sexual assault of a minor.

Hampton v. Rita · filed 2013-11-15

The district court’s ruling relies to a significant degree on Woods v. Ill. Dep’t of Children & Family Servs., 880 F.Supp.2d 918 (N.D.Ill.2012), which holds that the statute of limitations is 2 years, not 20 as provided in § 5/13-202.2, even if a § 1983 claim alleges that a minor was sexually assaulted by a state actor. We affirmed that decision after Hampton filed this appeal, Woods v. Ill. Dep’t of Children & Family Servs., 710 F.3d 762 (7th Cir.2013), and now, with the assistance of counsel, Hampton concedes that Woods dooms his suit. ... And since Hampton makes no other argument, the judgment dismissing his § 1983 suit as barred by the statute of limitations must be upheld.

Section 5/13-202 supplies a two-year limitations period for § 1983 sex-discrimination claims brought in Illinois.

Loos v. County of Perry, Illinois · filed 2021-07-26

Here, the parties agree that a two-year limitations period applies to the § 1983 claim for sex discrimination (Doc. 39, p. 15; Doc. 48, p. 12). See, e.g., Woods v. Illinois Dep't of Child. & Fam. Servs., 710 F.3d 762, 766 (7th Cir. 2013) (“This court has consistently held that the limitations period applicable to § 1983 actions brought in Illinois is the two-year period for general personal injury actions set forth in 735 ILCS 5/13–202.”). ... It is undisputed that Ms. Loos received multiple paychecks during the limitations period, which suffice to provide a basis for a timely pay discrimination claim under § 1983.

Section 13-202 supplies the two-year personal injury limitations period applied to section 1983 claims.

Howard v. Cook County Sheriff's Office · filed 2022-05-04

For section 1983 and ICRA claims, the statute of limitations is two years. Ray v. Maher, 662 F.3d 770, 772 (7th Cir. 2011) (stating that federal courts apply state law personal injury limitations periods to section 1983 actions); 735 ILCS § 5/13-202 (setting a two-year statute of limitations for personal injury claims); 740 ILCS § 23/5(b) (setting a two-year statute of limitations for ICRA claims).

Section 5/13-202 supplies a two-year limitations period for a § 1983 unlawful pretrial detention claim arising in Illinois.

Shannon v. Donnelly · filed 2025-07-31

Here, the parties agree that the applicable statute of limitations is two years. Neita v. City of Chicago, 830 F.3d 494, 498 (7th Cir. 2016) (Section 1983 claims “are governed by the statute of limitations for personal-injury claims in the state where the plaintiff's injury occurred.”) (citing 735 ILCS 5/13-202 (two year statute of limitations in Illinois)); Flowers v. Stec, No. 20 CV 6498, 2023 WL 15474, at *2 (N.D.Ill. Jan. 2, 2023) (statute of limitations is two years for unlawful pretrial detention claim). ... Heck therefore provides no basis for tolling the statute of limitations and Shannon filed his Complaint years after the two-year statute of limitations expired. Accordingly, Shannon’s pretrial detention claim is untimely, and it is dismissed.

Section 13-202's two-year personal injury period can bar a claim when the plaintiff is on notice that an injury was wrongfully caused, even before its cause is diagnosed.

Werckenthein v. Bucher Petrochemical Co. · filed 1993-06-29

As the circuit court ruled and plaintiff’s argument ignores, however, plaintiff was put on notice long before 1984 that his cancers had been wrongfully caused even though the cause was not actually diagnosed until 1986 and, unlike the plaintiff in Nolan, plaintiff has presented no facts showing diligent inquiry prior to 1986 concerning the cause of the cancers. Consequently, the circuit court correctly ruled that defendants were entitled to summary judgment on the cancer claims.

Section 13-202’s two-year period bars a personal injury claim filed more than two years after the plaintiff knew or should have known enough to investigate the injury and its cause, even if the discovery rule applies.

Hertel v. Sullivan · filed 1994-04-07

In our view such cases, which involve the two-year statute of limitations and not the statute of repose considered in Cunningham, are adequately dealt with by considering the application of the discovery rule. ... Plaintiff clearly knew or should have known enough to put her on reasonable inquiry, at the latest by May 8, 1988, more than two years before this suit was filed.

Section 13-202’s limitations period is subject to the discovery rule in childhood sexual abuse cases when the connection between the abuse and the injury is discovered later, even if the victim remembers the abuse.

Dp v. Mjo · filed 1994-09-30

Thus, under the approach of the court in Franke v. Geyer , the judicial discovery rule applies in childhood sex abuse cases to the belated discovery of the connection between the abuse and the injury as well as to those instances of repressed consciousness of the abuse itself. Nevertheless, that court strictly scrutinized the pleadings to determine whether the state of the victim's awareness was such which could reasonably have put her on notice of that nexus between the abuse and her injuries. We agree with that approach.

Section 13-202's two-year personal injury limitations period is not extended by later recollection of childhood sexual abuse that the plaintiff consciously experienced when it occurred.

Meh v. Lh · filed 1996-08-28

In 1991, section 13-202 of the Code provided that actions for personal injuries must be brought within two years from the date the cause of action accrues. 735 ILCS 5/13-202 (West 1992). ... We believe the discovery rule does not apply to cases in which the plaintiff alleges that she repressed the conscious awareness of sexual abuse as a child and remembered it years later. Since the injury is immediate and caused by external force or violence, we believe sexual abuse is a traumatic event. Thus, the discovery rule does not extend the statute of limitations period in such cases.

Section 13-202’s two-year limitations period for intentional infliction of emotional distress is subject to the discovery rule; disputed facts about when the plaintiff should have discovered the claim are for the jury.

Koelle v. Zwiren · filed 1996-10-28

The trial court found that the limitations periods of five years for fraud and two years for intentional infliction of emotional distress began to run when defendant told plaintiff he was the father. The trial court’s ruling was in error. ... Because reasonable minds could find that plaintiff had no reason to suspect defendant of perpetrating such a scheme, the question should have been left to the jury. Therefore, the trial court erred in ruling that the fraud and intentional infliction of emotional distress claims are barred by the statutes of limitations.

Section 13-202 gives a person two years to bring a personal injury claim; under the common law discovery rule, the period begins when the person knows or reasonably should know of the injury and its wrongful cause.

Benton v. Vonnahmen · filed 1997-05-09

Even if Benton’s action was not barred by the repose provision of the child sexual abuse statute of limitations, it is barred by any applicable statute of limitations because Benton either knew, or reasonably should have known, of his injury and its wrongful cause more than two years before he filed suit. Both the statute of limitations applicable to claims for personal injuries (735 ILCS 5/13 — 202 (West 1992)), in conjunction with the common law discovery rule, and the childhood sexual abuse statute (735 ILCS 5/13 — 202.2(b) (West 1992)) provide that actions for damages must be brought within two years of the date the victim discovers, or through the use of reasonable diligence should discover, that the childhood sexual abuse occurred and that the injury was caused by the childhood sexual abuse.

For a childhood sexual abuse claim filed before the 1991 amendment, Section 13-202’s two-year period was subject to the discovery rule; a suit filed within two years of recovering suppressed memories was timely.

Pedigo v. Pedigo · filed 1997-10-14

At the time plaintiff filed the instant action, the Illinois statute of limitations for personal injury actions was, and remains, two years. Ill. Rev. Stat. 1989, ch. 110, par. 13 — 202. ... The fact that plaintiff’s complaint was timely filed pursuant to the discovery rule in effect when she filed her complaint in September 1990 and the discovery rule now in effect warrant the reversal of the circuit court’s dismissal order.

Section 5/13-202 gives a person two years to bring a product liability action after she knows or reasonably should know of her injury and that it was wrongfully caused.

Dixon v. Smithkline Beecham Corp. · filed 1997-10-17

Illinois law specifies that all product liability actions be brought within two years of when "a person knows or reasonably should know of [her] injury and also knows or reasonably should know that it was wrongfully caused." Witherell v. Weimer, 421 N.E.2d 869, 874 (Ill.1981); see also 735 ILCS 5/13-202. By her own admission, Dixon was "suspicious" about the link between the drug and her vision loss as early as 1981. Even construing facts in the light most favorable to Dixon, she was aware of her injury and its possible cause by December 1990. Because Dixon filed her suit on June 14, 1993, more than two years after December 1990, her suit must be dismissed unless there is some basis to toll the statute.

Section 13-202 gives a plaintiff two years to bring a personal injury action, beginning when a reasonable person knows or should know that an injury was wrongfully caused.

Hutson v. Hartke · filed 1997-10-20

We believe that a plaintiff is on notice that an injury has been "wrongfully caused” when a reasonable person would know or should know that something out of the ordinary or unnatural caused an "injury” (an invasion of a legally protected interest). At that point she possesses sufficient knowledge to be placed on inquiry, and the statute of limitations begins to run.

The two-year period for a personal injury claim begins when the plaintiff knows or reasonably should know of the injury and its wrongful cause; a complaint cannot be dismissed as untimely unless it establishes when the claim accrued.

Glover v. Amoco Oil Company, Inc. And Sugar Creek Refinery · filed 1998-11-13

Like many other states, Illinois recognizes the "discovery rule" of accrual: "the cause of action accrues when the plaintiff knows or reasonably should know of an injury and also knows or reasonably should know that the injury was caused by the wrongful acts of another." Nolan v. Johns-Manville Asbestos, 85 Ill.2d 161, 52 Ill.Dec. 1, 421 N.E.2d 864, 868 (Ill.1981). ... Glover's assertions as to when he first knew of his asbestosis must be taken as true at this stage, and thus Glover's lawsuit cannot be dismissed.

Section 13-202 sets a two-year limit for personal injury claims; the common-law discovery rule can delay that period in childhood sexual abuse cases involving repressed memories.

Ferrer v. Kuhl · filed 1998-12-18

Pursuant to section 13 — 202 of the Code (Ill. Rev. Stat. 1989, ch. 110, par. 13 — 202 (now 735 ILCS 5/13 — 202 (West 1996))), the limitations period for personal injury claims is two years. ... After carefully considering the competing approaches and weighing the policy considerations, we believe that the common-law discovery rule should apply to childhood sexual abuse cases where the victim represses memories of the abuse.

Personal injury actions must be filed within two years after accrual; under the discovery rule, the period begins when the plaintiff knows or reasonably should know of an injury and its possible wrongful cause.

Wilson v. Devonshire Realty of Danville · filed 1999-09-30

In the present case, the applicable limitations period is found in section 13-202 of the Code of Civil Procedure (735 ILCS 5/13-202 (West 1998)), which mandates an action for damages for personal injury must be commenced within two years after the cause of action accrues. ... The "discovery rule" postpones commencement of the relevant statute of limitations until the injured plaintiff knows or reasonably should know she has been injured and her injury may have been wrongfully caused. ... Hence, the undisputed facts demonstrate the plaintiff knew, no later than August 1995, she suffered an injury and the injury may have been wrongfully caused.

Section 13-202 provides a two-year period for personal injury actions; under the discovery rule, the period begins when a plaintiff knows or reasonably should know of an injury and its wrongful cause.

Clay v. Kuhl · filed 2000-01-21

Under the discovery rule, a party's cause of action accrues when the party knows or reasonably should know of an injury and that the injury was wrongfully caused. ... The limitations statute applicable here would be found in section 13-202 of the Code of Civil Procedure, which provides a two-year period for bringing actions for personal injuries.

Section 5/13-202 gives a plaintiff two years to bring a personal injury action; discovering additional injuries later does not delay the limitations period when the plaintiff already knew of an injury and its wrongful cause.

Parks v. Kownacki · filed 2000-08-10

An action for personal injury must be filed "within 2 years next after the cause of action accrued." 735 ILCS 5/13-202 (West 1998). ... Because in this case it is even more evident than in Clay that plaintiff was aware of both the cause and some injury, we hold that plaintiff's failure to understand the connection between the abuse and other injuries does not toll the statute of limitations. As a result, the claims arising from plaintiff's alleged sexual abuse are time-barred.

Section 5/13-202 gives two years to bring a personal injury claim; under the discovery rule, the period begins when the person knows or reasonably should know of the injury and that it was wrongfully caused, rather than merely knowing of a risk of injury.

Erickson v. Baxter Healthcare, Inc. · filed 2001-07-16

A survival action is a derivative action, subject to the statute of limitations for the decedent’s original claim; here, Mr. Erickson’s personal injury claims were subject to the two-year statute of limitations of 735 ILCS 5/13-202. ... But it is knowledge of the injury and that it was wrongfully caused that starts the limitations period running, not knowledge of the mere risk of potential for injury.

The two-year limitations period begins when a plaintiff knows of an injury and has reason to inquire whether it was wrongfully caused, even without knowing which defendant caused it.

Hoffman v. Orthopedic Systems, Inc. · filed 2002-02-07

Significantly, plaintiff retained an attorney within six months of her 1995 operation, demonstrating that she then was on inquiry as to whether the injury was wrongfully caused, thereby commencing the two-year limitations period within which to take appropriate legal action.

Section 13-202’s general two-year limitations period governs personal injury claims against someone who did not commit the alleged childhood sexual abuse.

Hawley v. Kenley · filed 1994-05-05

Secondly, since plaintiff’s claims of personal injury against her grandmother, Kay Kenley, were not premised on Kay Kenley’s having committed any act of childhood sexual abuse against the plaintiff, those claims are governed by the general two-year statute of limitations found in section 13—202 (735 ILCS 5/13—202 (West 1992)). On this record, those claims are also time barred.

Section 5/13-202 gives plaintiffs two years to sue for intentional infliction of emotional distress; for a continuing injury, the limitations period begins when the tortious acts cease.

Curcio v. Chinn Enterprises, Inc. · filed 1995-06-05

In Illinois, any actions for damages from intentional infliction of emotional distress must be commenced within two years after the injury occurred. ... For torts involving a continuing or repeated injury, however, the statute of limitations does not begin to run until the tortious acts cease. ... Because plaintiffs have aUeged a course of conduct by Chinn that began with the start of their employment and continued up to the filing of their claims, they have stated a timely claim for intentional infliction of emotional distress.

The two-year period for a personal injury action begins when a sudden traumatic event causes pain that alerts the plaintiff to a possible wrongful injury, even if additional injuries are discovered later.

Alioto v. Marshall Field's & Co. · filed 1996-02-21

Alioto’s subjective experience of pain, along with the occurrence of a sudden traumatic event that she knew had given rise to the pain, was sufficient under Illinois law to start the running of her limitations period.

Section 13-202’s two-year limitations period begins when a sudden traumatic injury occurs and puts the injured party on notice to investigate a possible claim.

Lowe v. Ford Motor Company · filed 2000-05-08

Under the Illinois Code of Civil Procedure, the statutes of limitation for personal injury and product liability claims require that such lawsuits generally be commenced within two years of the date on which the cause of action accrued. 735 ILCS 5/13 — 202, 13 — 213(d) (West 1998). ... Since the accident was a traumatic event, the two-year statute of limitations began to run at the time of the accident. Plaintiff failed to file his complaint until four years after the accident. Therefore, the trial court properly dismissed plaintiff’s second amended complaint pursuant to section 2 — 619.

The two-year limitations period begins when a sudden, traumatic accident occurs because the accident puts the injured person on notice of a possible claim.

Lowe v. Ford Motor Co. · filed 2000-05-08

Since the accident was a traumatic event, the two-year statute of limitations began to run at the time of the accident.

The two-year period begins when a sudden traumatic event causes pain that alerts a person to an injury that may have been wrongfully caused, even if further injuries appear later.

Alioto v. Marshall Field's & Company · filed 1996-02-21

Under Golla, Alioto's admissions of pain were enough to open her two year window for filing suit. Just as in Golla, Alioto was aware at the time of her accident both that she had been injured (she felt pain) and that her injury may have been wrongfully caused by the negligence of Marshall Field's. This is all that is required under Illinois law to begin the running of her limitations period.

The two-year period begins when a person knows or should know of an injury and its possible wrongful cause; speaking with an attorney alone does not establish that notice.

Mele v. Howmedica, Inc. · filed 2004-03-15

The conversation with an attorney, standing alone, is insufficient to overturn the jury’s finding that plaintiff did not have sufficient notice that wrongful acts may have caused his pain until September 1992.

The two-year period for personal injury actions is postponed until the injured person knows or reasonably should know of the injury and that it was wrongfully caused.

Castello v. Kalis · filed 2004-09-14

The “discovery rule” applies to section 13 — 202 of the Code and has the effect of postponing the commencement of the statute of limitations “until the injured plaintiff knows or reasonably should know that he has been injured and that his injury was wrongfully caused.” Golla v. General Motors Corp., 167 Ill. 2d 353, 360-61, 657 N.E.2d 894 (1995).

Section 5/13-202 gives a plaintiff two years to sue after the plaintiff knows or reasonably should know of the injury and its wrongful cause.

Healy v. Owens-Illinois, Inc. · filed 2005-07-15

In closing, we summarize our holding that Healy, after his January 1999 consultations with Dr. Szidon, was on notice of his injury and had two years from that point to file his lawsuit. Because Healy did not file his claim until June 2001, the two-year statute of limitations bars his action against defendants.

Section 5/13-202 supplies a two-year limitations period for Illinois personal injury claims; the discovery rule or equitable tolling can prevent dismissal when the plaintiff alleges facts that, if proven, would excuse a later filing.

Moore v. Morales · filed 2006-02-13

In Illinois, the statute of limitations is two years “after ... the cause of action accrued.” 735 ILCS 5/13-202 (2005). ... Moore’s factual allegations, even though they do not point to a specific date of discovery of the additional defendants’ wrongdoing, are sufficient to establish a defense to the statute of limitations if proven.

Section 5/13-202 gives a person two years to bring a personal injury claim; under the discovery rule, the period begins when the person knows or reasonably should know of the injury and its possible connection to another’s conduct.

Franz v. Purdue Pharma Co. · filed 2006-02-22

Accordingly, the statute of limitations began to run in October 2000 and expired in October 2002, well before Franz filed this action.

For a personal injury caused by a sudden, traumatic event, the two-year limitations period begins on the date of the event and does not restart when a related condition appears later.

Hollander, Jacque v. Brown, James · filed 2006-08-09

When a plaintiff suffers this type of injury, her cause of action accrues on the date of the traumatic event, and the limita- tions period does not begin anew simply because a latent condition later may arise from the same occurrence.

Illinois’s two-year personal injury limitations period applies to Section 1983 claims, and a plaintiff’s inability to identify the responsible officers can defeat a limitations defense.

Moore v. Morales · filed 2006-08-16

In Illinois, the statute of limitations is two years “after the cause of action accrued.” 735 ILCS 5/13-202 (2005). ... Therefore, we cannot dismiss Moore’s argument that he was unable to determine the officers’ names prior to the expiration of the limitations period without evidence to the contrary.

The two-year limit for Illinois personal injury claims begins when the plaintiff has enough information about the injury and its cause to investigate a possible claim.

In Re Vioxx Products Liability Litigation · filed 2007-11-08

Applying these principles to the plaintiffs strict liability and negligence claims, and drawing all justifiable inferences in his favor, the Court finds that, at the very latest, Illinois’ two-year statute of limitations began to run on September 30, 2004. Both the national and local media coverage of the withdrawal of Vioxx from the market were sufficient to put the plaintiff on notice of a potential link between his alleged injuries and the use of Vioxx.

The two-year period for personal-injury negligence and strict-liability claims begins when the plaintiff discovers or reasonably could discover the injury and its cause; medical certainty is unnecessary.

Richards v. Eli Lilly & Co. · filed 2009-12-11

But medical certainty is not the test. In Illinois the statute of limitations for a personal-injury claim begins to run “when the plaintiff discovers, or reasonably could discover” the injury and cause. ... By 2005 Richards believed he had been injured and knew enough to allege that Humatrope was the cause. This is when the clock began to run on his claims for negligence and strict liability.

Personal injury tort claims have a two-year limitations period that begins when the plaintiff knows or reasonably should know of the injury and that it was wrongfully caused.

Curtis v. Mentor Worldwide, LLC · filed 2013-10-22

Mrs. Curtis’ tort claims are governed by the two-year statute of limitations applicable to personal injury claims. See 735 Ill. Comp. Stat. 5/13-202. The “discovery rule” in Illinois delays the commencement of the applicable statute of limitations until the plaintiff knows or reasonably should know that he has been injured and that his injury was wrongfully caused.

Section 5/13-202 supplies the two-year limitations period for Illinois personal injury claims brought under Section 1983, and the discovery rule can postpone when that period begins to run.

Manzanales v. Krishna · filed 2015-06-30

Section 5/13-202 is the relevant state statute of limitations for Section 1983 .actions arising from injuries in Illinois. ... The discovery rule postpones the running of the statute of limitations until Plaintiff “knows or reasonably should know” that he ftas been injured and that his injury was wrongfully caused. ... For these two reasons, Defendants’ motion to dismiss based on the statute of limitations is denied.

The two-year period for personal injury claims begins when the plaintiff knows or reasonably should know of the injury and that it was wrongfully caused.

Stark v. Johnson and Johnson · filed 2020-04-20

They also agree that the statute of limitations applicable to Stark’s claims is two years. 735 Ill. Comp. Stat. 5/13-202. ... Even taking the latest date possible of November 2015, Stark’s claims expired in November 2017, more than ten months before Stark filed this action in September of 2018. Her claims are thus time-barred.

Section 5/13-202 provides a two-year limitations period for personal injury claims. Under the discovery rule, the period begins when a plaintiff knows or reasonably should know of an injury that may have been wrongfully caused.

Dahms v. Coloplast Corp. · filed 2020-09-18

The parties appear to agree that plaintiff’s tort claims are governed by Illinois law and that the applicable limitations period is two years. See 735 ILCS 5/13-213 (products liability), 735 ILCS 5/13-202 (personal injury); see also Doe v. Hastert, 133 N.E.3d 1249, 1255 (Ill. App. Ct. 2019) (applying two-year statute of limitations of 735 ILCS 5/13-202 to negligent infliction of emotional distress claims). ... Thus, the statute of limitations began to run in January 2016 at the latest, and, because plaintiff did not file her complaint until April 25, 2018, her tort claims are time-barred.

Section 5/13-202 provides a two-year period for personal injury claims; under the discovery rule, the period begins when the plaintiff knows or reasonably should know that the injury may have been wrongfully caused.

McKinney v. American Medical Systems, Inc. · filed 2021-06-02

McKinney’s tort claims are governed by Illinois’ applicable limitations period of two years. See Dahms v. Coloplast Corp., 2020 WL 5593279 at *2 (N.D. Ill. Sept. 18, 2020) (citing 735 ILCS 5/13-213 and 735 ILCS 5/13-202). ... Holding up the deposition testimony and the medical records to the statute of limitation framework, the Court FINDS that, at the latest, McKinney was on notice of a potentially wrongfully caused injury in 2012 when she had a procedure to remove the device. At that point, she knew or should have known that the pelvic mesh device did not work as intended, was eroded, and caused her pain. Therefore, McKinney’s claims are time-barred based on Illinois law.

Section 5/13-202 gives a plaintiff two years to bring an intentional infliction of emotional distress claim; under Illinois’s discovery rule, the period begins when the plaintiff knows of a wrongful injury, even if the plaintiff does not yet know who caused it.

Sembach v. Lakeview Loan Servicing, LLC · filed 2021-08-20

In Illinois, the applicable statute of limitations for an IIED claim is two years. Feltmeier v. Feltmeier, 798 N.E.2d 75, 85 (Ill. 2003) (citing 735 ILCS 5/13-202). ... But by the time Sembach knew of Safeguard’s involvement, the limitations period had run on her IIED claim. For that reason, the IIED claim is dismissed with prejudice.

Under the discovery rule, the two-year period begins when the injured person knows or reasonably should know both of the injury and that it may have been wrongfully caused; a genuine factual dispute about that knowledge precludes summary judgment.

Stark v. Johnson & Johnson · filed 2021-08-24

Applying the summary judgment standard, we con- clude there is a genuine issue of material fact concerning when Ms. Stark reasonably should have known that her mesh-related injuries might have been wrongfully caused.

Section 5/13-202 gives a plaintiff two years to bring a personal injury negligence claim, starting on the date of a sudden traumatic injury.

Ericson v. Conagra Foods, Inc. · filed 2021-09-10

In Illinois, the statute of limitations for personal injury is two years. 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 . . . .”). ... The statute of limitations on Plaintiff’s negligence claims was triggered on the date of her injuries—June 3, 2017.

Section 5/13-202 requires a personal injury action to be filed within two years after the claim accrues; under the discovery rule, that period begins when the person knows or reasonably should know of the injury and that it was wrongfully caused.

Paulsen v. Abbott Laboratories · filed 2022-07-08

Illinois has a two- year statute of limitations for personal injury claims—“Ac- tions for damages for an injury to the person … shall be com- menced within 2 years next after the cause of action accrued.” 735 ILCS 5/13-202. ... Paulsen’s claims are therefore time-barred.

The two-year personal injury limitations period begins when the plaintiff knows of the injury and has reason to investigate whether it was wrongfully caused; discovering another potential defendant later does not start a new period.

Kardys v. Lamping · filed 2022-09-29

A personal-injury action must be commenced within two years of the date that the cause of action accrued. 735 ILCS 5/13-202 (West 2018). ... Thus, she was put on inquiry to determine whether the unexpected and unprovoked attack resulted from actionable (human) conduct. It follows that Plaintiff’s addition of the Wells defendants more than two years after the attack was too late.

The two-year period for a personal injury claim based on lapsed insurance coverage began when the plaintiff learned that the insurer had denied the claim.

Allard v. NPF Franchising, LLC · filed 2023-03-31

Consequently, the cause of action based on this conduct could not have accrued on June 14, 2016, the date of the concussion. The Bandits’ general manager (Calmeyn) informed Allard of the insurance claim denial on June 14, 2017, and she filed her initial complaint on June 14, 2019. Because the action was filed within the two-year limitations period, Allard’s negligence claim against NPF Franchising is not time-barred to the extent that it alleges NPF Franchising’s negligence in failing to ensure its teams’ active insurance status.

Section 5/13-202 gives a person two years to bring a personal injury claim; under the discovery rule, the period begins when the person knows or reasonably should know the injury was wrongfully caused.

Dassig v. Honeywell International, Inc. · filed 2024-03-14

Illinois imposes a two-year statute of limitations on personal injury claims. 735 Ill. Comp. Stat. Ann. 5/13-202. ... She admits that she held this belief in 2011 and in 2018 and asked the Kruger Law Firm to investigate this theory. Either one of these events is sufficient under Illinois law to trigger the statute of limitations.

Section 5/13-202 gives a plaintiff two years to file a personal injury claim, with the period beginning when she knows or reasonably should know that she was injured and that another person may have wrongfully caused the injury.

Dassig v. Honeywell International, Inc. · filed 2024-06-10

Illinois imposes a two-year statute of limitations on personal injury claims. 735 Ill. Comp. Stat. Ann. 5/13-202. ... At that point, she was on notice that her injuries may have been wrongfully caused. ... This case was not timely filed.

Section 5/13-202 gives Illinois negligence claims a two-year limitations period; dismissal on that ground is premature when the complaint does not establish when the plaintiffs had notice of their injuries.

Nguyen v. Abbott Laboratories, Inc. · filed 2025-08-08

Negligence claims under Illinois law are subject to a two-year statute of limitations. ... The notice inquiry is specific to each plaintiff, and there aren’t enough facts in the record to determine when plaintiffs became aware of what facts. ... Dismissal based on the statute of limitations is premature.

Section 13-202’s two-year period begins when a person knows or should know of an injury caused by a single traumatic event.

Mitchell v. Lone Oak Baptist Church · filed 2025-08-14

The record demonstrates that the plaintiff was injured due to a single traumatic event, and the plaintiff knew, or should have known, that he was injured on April 12, 2021. Therefore, the two-year statute of limitations began to run on April 12, 2021. The plaintiff’s initial complaint was not timely filed.

Section 13-202 supplies a two-year limitations period for § 1983 claims arising in Illinois; the discovery rule can postpone when that period begins if a reasonably diligent plaintiff could not have discovered the injury.

Cathedral of Joy Baptist Church v. Village of Hazel Crest · filed 1994-04-22

With regard to this action the applicable period in Illinois is two years. 735 ILCS 5/13-202 (formerly Ill.Rev.Stat. ch. 110, p 13-202); Smith v. City of Chicago Heights, 951 F.2d 834, 839 (7th Cir.1992). ... The "discovery rule," which is read into state statutes of limitations in federal question cases, postpones the beginning of the limitations period of a federal claim from the date the party is injured to the date when the party discovers or should have discovered the injury, exercising reasonable diligence. ... The church has not carried its burden of proof that the facts allow it to come within the discovery rule exception to the two-year statute of limitations.

Personal injury actions must be filed within two years after the cause of action accrues.

Yette v. Casey's General Stores, Inc. · filed 1994-06-16

Because plaintiff’s cause of action accrued on December 22, 1990, his time for filing a complaint based upon that cause expired on December 22, 1992, the date in fact he filed his original complaint. Count II of the amended complaint, filed in April 1993, is therefore barred unless it relates back to the occurrence set forth in plaintiff’s original complaint.

Section 5/13-202 provides a two-year limitations period for personal injury actions, which governs Bivens claims arising in Illinois.

Crowder v. Page True, Earl Mayfield, Lieutenant, J.A. Seimen, Lieutenant · filed 1996-01-24

Bivens actions are governed by the statute of limitations for personal injury actions in the state where the cause of action arose. The personal injury statute of limitations in Illinois is two years. 735 ILCS § 5/13-202. Crowder claims that his injury occurred from October 1991 through January 1992. The cause of action, therefore, is statutorily barred as of February 1994.

Section 5/13-202 sets a two-year limitations period for personal injury claims in Illinois, including Bivens claims arising there.

Delgado-Brunet v. John L. Clark, Warden, Usp-Marion, Wayne D. Hilliard, Roger Baxter, and Roland Beckman · filed 1996-08-15

In Illinois, this kind of personal injury ease is governed by a two-year statute of limitations. 735 ILCS 5/13-202.

Section 5/13-202 requires a personal injury lawsuit to be brought within two years of the injury.

Ira Malone and Charlotte Malone v. Bankhead Enterprises, Incorporated · filed 1997-09-09

In Illinois, a plaintiff must bring a personal injury lawsuit within two years of the injury.

Section 5/13-202 sets a two-year limitations period for negligence claims and bars recovery for incidents outside that period.

Finnane v. Pentel of America, Ltd. · filed 1999-03-22

The statute of limitations is two-years, see 735 ILCS 5/13-202, and Finnane cannot base her claims of negligence on incidents outside the scope of the statute.

Section 5/13-202 gives a plaintiff two years to bring a battery claim for personal injury; an uncertain incident date did not establish that this claim was time-barred.

Prior v. United States Cellular Corp. · filed 1999-04-27

Illinois has a two-year statute of limitations for personal injury claims. ... Because plaintiff alleges in her complaint that she is suing for an incident that occurred in 1997, the court denies defendants’ motion for summary judgment on plaintiffs battery claim.

Section 5/13-202 sets a two-year limitations period for personal injury actions, which also applies to § 1983 claims brought in Illinois.

Henderson v. Village of Dixmoor · filed 2000-01-27

Under Illinois law, the statute of limitations for personal injury — and § 1983— actions is two years. 735 Ill. Comp. Stat. 5/13-202. Accordingly, plaintiffs’ § 1983 claims are subject to a two-year limitations period.

Section 5/13-202 requires personal injury actions to be filed within two years after the cause of action accrues.

Dornhecker v. Ameritech Corp. · filed 2000-06-08

Under Illinois law, personal injury actions must be brought within two years after the cause of action accrued. ... As the Complaint was filed on January 3, 2000, Dornhecker’s negligence claim is timely.

Section 13-202’s two-year period applies to personal injury claims arising from routine window washing because that work does not qualify for the four-year construction limitations period.

Bailey v. Allstate Development Corp. · filed 2000-09-29

Therefore, after a thorough analysis, we hold that plaintiff’s cause of action is governed by the two-year statute of limitations generally applicable to personal injury claims (735 ILCS 5/13 — 202 (West 1998)) because, as a matter of law, the performance of window washing services does not constitute the “construction of an improvement to real property” within the meaning of the Limitations Act (735 ILCS 5/13 — 214(a) (West 1998)).

Section 5/13-202 sets a two-year limitations period for personal injury claims, including the Illinois claims at issue, and supplies the period for § 1983 claims.

Penn v. Chicago State University · filed 2001-03-30

The two-year statute of limitations for personal injury claims applies to Penn’s § 1983 and Illinois state claims against Mack. 735 ILCS 5/13-202.

Section 5/13-202 provides a two-year limitations period for personal injury claims, which applies to § 1983 claims that borrow Illinois’s limitations period.

Thomas v. City of Chicago · filed 2001-03-30

Under Illinois law, personal injury litigants are subject to a two year statute of limitations. See 735 ILCS 5/13-202. As such, plaintiffs count IV claims are time-barred.

Section 13-202 sets a two-year limitations period for an individual bodily injury claim.

Minikon v. Escobedo · filed 2001-08-23

The two-year limitations period applicable to the plaintiffs individual claim against Thompson (see 735 ILCS 5/13— 202 (West 1998)) expired on January 2, 1999, a date after the filing of the plaintiffs original complaint but prior to the time that she learned of Thompson’s death.

Section 13-202 supplies a two-year limitations period for § 1983 claims filed in Illinois.

Nesbitt v. City of Champaign · filed 2002-04-04

For a case such as Nesbitt’s filed in Illinois, the statute of limitations bars suits filed more than two years after the claim accrues.

Section 5/13-202 supplies a two-year limitations period for § 1983 actions filed in federal court in Illinois.

Mitchell v. Emanuel Donchin and Julian Rappaport · filed 2002-04-09

Pursuant to 735 ILCS 5/13-202, the statute of limitations for section 1983 cases filed in federal court is two years.

Illinois’s two-year limitations period bars a § 1983 injury claim filed more than two years after the injury.

Campbell v. Detella · filed 2002-04-26

Nevertheless because Campbell is proceeding pro se, we will construe his brief liberally and point out that the district court correctly determined that the statute of limitations barred Campbell’s Eighth Amendment claim: that claim accrued at the time of his injury in May 1995, and he did not file his claim until October 2001, well after the two-year limit in Illinois. See 735 ILCS 5/13-202; Shropshear v. Corp. Counsel of City of Chicago, 275 F.3d 593, 595 (7th Cir.2001).

Section 13-202's two-year limitations period applies to petitions for additional compensation under sections 19(k) and 19(l) of the Workers' Compensation Act; a later petition based on different facts does not relate back to an earlier petition.

Preston v. INDUSTRIAL COM'N OF ILLINOIS · filed 2002-07-08

As to the amended petition seeking 19( l ) penalties, this court has determined that a two-year statute of limitations pursuant to section 13-202 of the Code (735 ILCS 5/13-202 (West 1998)) applies to petitions for additional compensation under section 19(k) and 19( l ) of the Act. ... As such, the April 1996 and October 19, 1998, petitions relate to different factual allegations, i.e., two separate causes of action arising at different times.

Section 5/13-202 sets a two-year limitations period for personal injury claims outside the medical malpractice context.

Holmes v. Boehringer Ingelheim Pharmaceuticals, Inc. · filed 2002-10-31

The statute of limitations for personal injury claims outside the ... medical malpractice context is likewise two years; the claim against Glaxo Wellcome is also barred.

Section 13-202’s two-year period does not apply to an unpaid vacation pay claim when no direct physical or mental injury is alleged.

People Ex Rel. Department of Labor v. Tri State Tours, Inc. · filed 2003-08-14

The two-year limitations period in section 13 — 202 applies where plaintiff has suffered direct physical or mental injury. ... In the present case, the Department has alleged no direct physical or mental injury, and therefore section 13 — 202 is inapplicable.

Section 13-202’s two-year limitations period bars a personal injury claim against the actual defendant when the plaintiff timely sued a nonexistent entity and identified the defendant only after the period expired.

prod.liab.rep. (Cch) P 15,068 Thomas Athmer v. C.E.I. Equipment Company Inc. · filed 1997-08-05

If you sue a nonexistent entity, the filing of your suit does not deprive the real defendant whom you sue later of his defense that the statute of limitations has run. Otherwise a plaintiff could sue “John Doe” the day after the accident and wait twenty years to find out the defendant’s real name and amend the complaint accordingly. Athmer did not file his amended complaint until approximately two months after the statute of limitations had run on a suit against C.E.I. Equipment Co. So, prima facie, the suit is time-barred.

Section 13-202 gives plaintiffs two years to bring a personal injury claim, and defendants may invoke that limit if they have not waived it.

Dever v. Simmons · filed 1997-09-04

The two-year statute of limitations for plaintiffs’ personal injury claim elapsed in September 1994. The state-court complaint did not name the franchisees until May 1995 and did not name McDonald’s Corporation until June 1995. We find that defendants did not waive the right to dismiss based on the statute of limitations because the delay in making the motion after the proper defendants were joined was not very long.

Section 5/13-202’s general two-year period yields to the Tort Immunity Act’s specific one-year period for state-law tort claims against local governmental entities and their employees.

Draghi v. County of Cook · filed 1997-11-12

In this instance the specific Illinois statute that governs a particular category of tort claims (those brought against local governmental entities and their employees) necessarily prevails over the generic two-year limitations period (735 ILCS 5/13-202) where a state law tort claim is involved (see, e.g., Medina v. Taylor, 185 Ill.App.3d 808, 134 Ill.Dec. 33, 542 N.E.2d 33 (1st Dist.1989)).

Section 13 — 202 requires a personal injury claim to be filed within two years of the injury.

Morietta v. Reese Construction Co. · filed 2004-04-22

Section 13 — 202 requires that a cause of action concerning injury to a person be brought within two years of the time the injury occurred.

Section 5/13-202 allows two years to file a personal injury action.

Fassero v. Turigliatto · filed 2004-06-04

First, the statute of limitations had not expired when the original action was commenced. The accident occurred on April 7, 2001. The original complaint was filed on March 31, 2003, approximately one week prior to the expiration of the applicable statute of limitations. See 735 ILCS 5/13 — 202 (West 2002) (two-year time period for filing a personal injury action).

Section 5/13-202 generally sets a two-year limitations period for personal injury actions in Illinois, which also governs § 1983 claims in Illinois.

Williams, Eulah v. Lampe, John · filed 2005-03-01

A two-year statute of limitations generally applies to personal injury actions in Illinois, 735 Ill. Comp. Stat. 5/13-202; thus, § 1983 claims in Illinois are also governed by a two-year limitations period, Hileman v. Maze, 367 F.3d 694, 696 (7th Cir. 2004).

Section 5/13-202 provides a two-year limitations period for intentional and negligent infliction of emotional distress claims.

In Re African-American Slave Descendants Litigation · filed 2005-07-06

• Intentional Infliction of Emotional Distress — two years. See, e.g., Dahl v. Fed. Land Bank Ass’n of W. Ill., 213 Ill.App.3d 867, 157 Ill.Dec. 242, 572 N.E.2d 311, 314 (Ill.App.Ct.1991); 735 Ill. Comp. Stat. 5/13-202. ... • Negligent Infliction of Emotional Distress — two years. See 735 Ill. Comp. Stat. 5/13-202.

Section 5/13-202 sets a two-year limitations period for personal injury claims.

Norman v. City of Evanston · filed 2006-04-11

In Illinois, the statute of limitations for personal injury claims is two years.

Section 13-202 provides a two-year limitations period for a § 1983 personal injury claim, subject to tolling.

Holtz, Jonathon D. v. Sheahan, Michael F. · filed 2006-10-12

Holtz rightly concedes that the two-year statute of limitations applied by the district court was correct. See Hileman v. Maze, 367 F.3d 694, 696 (7th Cir. 2004). ... Holtz alleged that he was assaulted in July 1987, so the statute of limitations expired in July 1989 unless Holtz can show that the statute was tolled by his mental disability before that date.

Section 5/13-202 supplies a two-year limitations period for § 1983 actions in Illinois.

Quinn, Delores v. Harris, Vanessa · filed 2007-04-19

For § 1983 actions in Illinois, the applicable state statute of limitations is two years.

A personal injury claim must be commenced within two years after it accrues.

Byrd-Tolson v. Supervalu, Inc. · filed 2007-06-12

Under Illinois law, a personal injury claim must be commenced within two years after the cause of action accrued. 735 ILCS 5/13-202. ... Accordingly, the Court finds that Plaintiffs suit is subject to dismissal on the first ground advanced by Moran — ie., that the suit was not timely filed against it.

Section 5/13-202 sets a two-year limitations period for personal injury tort claims.

Price, Norma v. M&M Mars Company · filed 2007-08-21

Price admits that she knew of the extent of her injuries before she was fired in 1996, but her fraud theory is subject to a five-year statute of limitations, see 735 Ill. Comp. Stat. 5/13-205; Horbach v. Kaczmarek, 288 F.3d 969, 973 (7th Cir. 2002), and the rest of her tort claims are subject to the general two- year limitations period, see 735 Ill. Comp. Stat. 5/13-202; Evans v. City of Chi., 434 F.3d 916, 934 (7th Cir. 2006).

Section 13-202 supplies the two-year limitations period borrowed for a § 1983 First Amendment retaliation claim in Illinois.

Levy v. Pappas · filed 2007-12-21

The applicable statute of limitations here, which we borrow from Illinois, is two years. See 735 ILCS § 5/13-202; Ashafa v. City of Chicago, 146 F.3d 459, 461 (7th Cir.1998).

The two-year limitations period applies to § 1983 claims arising in Illinois.

Richards, Terence B. v. County of Lake · filed 2008-02-06

It is apparent from Richards’s complaint and from his brief in this court that the events he complains of occurred well outside the statute of limitations.

Section 13-202 supplied a two-year filing period for personal injury claims arising before the childhood sexual abuse limitations statute, subject to minority tolling.

Doe A. v. Diocese of Dallas · filed 2008-03-07

Given the plaintiff's minority at the time of the alleged sexual assault, the normal personal injury statute of limitations would have begun to run after he turned 18 years of age on May 5, 1988, with suit having to be filed within the following two years.

Section 5/13-202 provides a two-year limitations period for Section 1983 actions filed in Illinois.

Luckett v. Conlan · filed 2008-06-16

Accordingly, pursuant to Illinois’ personal injury statute, “the statute of limitations for Section 1983 actions filed in Illinois is two years.” 735 ILCS 5/13-202; Henderson, 253 F.3d at 931; Ashafa v. City of Chicago, 146 F.3d 459, 462 (7th Cir.1998).

Section 5/13-202 provides a two-year limitations period for personal injury claims, which the court applied to § 504 and § 1983 claims.

Loch v. BOARD OF EDUC. OF EDWARDSVILLE · filed 2008-07-15

Similarly, § 1983 does not contain an express statute of limitations, and the Court adopts the two-year limitations period for personal injury claims.

Section 5/13-202 supplies a two-year limitations period for § 1983 false arrest claims arising in Illinois.

Brooks v. Davey · filed 2008-08-06

For a § 1983 false arrest claim arising in Illinois, the applicable statute of limitations is two years. 735 ILCS 5/13-202 (2008).

Section 5/13-202 supplies a two-year limitations period for § 1983 claims brought in Illinois.

Dominguez v. Hendley · filed 2008-09-30

In Illinois, the statute of limitations for § 1983 claims is two years. See 735 ILCS 5/13-202; Williams v. Lampe, 399 F.3d 867, 870 (7th Cir.2005). Dominguez filed his complaint on April 23, 2004, and so if his claim accrued on or after April 23, 2002, then his lawsuit was timely. ... Dominguez’s right to sue arose only after his criminal conviction was set aside, and, as the district court held, he filed within the two years permitted by law.

Section 5/13-202 provides a two-year limitations period that applies to § 1983 claims brought in Illinois.

Dominguez, S. Alejan v. Hendley, Paul · filed 2008-09-30

In Illinois, the statute of limitations for § 1983 claims is two years. See 735 ILCS 5/13-202; Williams v. Lampe, 399 F.3d 867, 870 (7th Cir. 2005). ... Dominguez’s right to sue arose only after his criminal conviction was set aside, and, as the district court held, he filed within the two years permitted by law.

Section 5/13-202 sets a two-year limitations period for personal and emotional injury claims, including intentional infliction of emotional distress.

Casey-Beich v. United Parcel Service, Inc. · filed 2008-10-03

Claims of personal and emotional injury, including Casey-Beich’s claim for intentional infliction of emotional distress, are governed by the two-year statute of limitations in Illinois. ... Therefore, the statute of limitations on these two claims would have expired no later than July 1996, and this suit, filed in 2007, is time barred.

Section 5/13-202 gives a plaintiff two years from accrual to bring a personal injury action, and that period also governs § 1983 claims arising in Illinois.

Brooks v. Ross · filed 2009-08-20

A plaintiff in Illinois must pursue a personal injury action within 2 years from the accrual of the claim. 735 ILCS 5/13-202. Brooks’s § 1983 claims follow suit. ... We therefore find Brooks’s § 1983 conspiracy claims and his state-law civil conspiracy and IIED claims time-barred.

Section 5/13-202 requires a personal injury action to be commenced within two years after it accrues, usually on the date of injury.

Santiago v. E.W. Bliss Company · filed 2010-12-21

In Illinois, a personal injury action must be commenced within two years after the date that the action accrues, which is usually the date of injury. See 735 ILCS 5/13-202 (West 2008).

Section 5/13-202 supplies a two-year limitations period for § 1983 claims brought in Illinois.

Flournoy v. Schomig · filed 2011-04-15

But the district judge did not abuse his discretion in denying Flournoy’s request because the statute of limitations (two years in Illinois, 735 ILCS 5/13-202; Dominguez v. Hendley, 545 F.3d 585, 588 (7th Cir.2008)), had run.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims brought in Illinois.

Ray v. Maher · filed 2011-11-01

In Illinois, that period is two years. 735 ILCS 5/13-202; Wallace v. Kato, 549 U.S. 384, 387 (2007); Ashafa v. City of Chicago, 146 F.3d 459, 462 (7th Cir. 1998).

Section 13-202 gives a personal injury claim a two-year limitations period running from when the cause of action accrues.

Mabry v. Boler · filed 2012-05-15

Farmers Insurance’s 2010 complaint alleged a cause of action sounding in tort, which permits a statute of limitations period of two years from the date that the cause of action accrued. See 735 ILCS 5/13-202, 13-203 (West 2010). Initially, the 2008 complaint was filed in July 2008, which was within the two-year statute of limitations period for claims sounding in tort. Because the cause of action accrued on August 13, 2006, and the statute of limitations period expired on August 13, 2008, the greater of the two periods for refiling Farmers Insurance’s lawsuit was within one year of the voluntary dismissal of the 2008 lawsuit.

Section 5/13-202 supplies the two-year personal injury limitations period for § 1983 claims filed in Illinois.

Hobbs v. Cappelluti · filed 2012-09-28

Section 1983 does not contain an express statute of limitations and to determine the limitations period the court looks to the forum state’s statute of limitations for personal injury claims, which is two years.

Section 13-202 gives plaintiffs two years to sue for negligence causing personal injury.

Levine v. EBI, LLC · filed 2013-03-06

The Levines had two years to sue the tortfeasors for negligence. 735 ILCS 5/13-202 (West 2006).

Section 5/13-202 supplies a two-year filing period for § 1983 claims brought in Illinois.

Delbert Heard v. Elyea · filed 2013-06-03

Heard filed this suit three days short of two years after the surgery took place—and in Illinois the statute of limitations is two years, tracking the state’s general time limit for personal-injury litigation. See Wilson v. Garcia, 471 U.S. 261 (1985); 735 ILCS 5/13-202. ... Heard filed his suit more than two years after Elyea’s retirement and so missed the deadline.

Section 13-202 gives tenants two years to bring claims for security deposit receipts and interest under Chicago’s Residential Landlord and Tenant Ordinance.

Faison v. RTFX, Inc. · filed 2014-04-17

The applicable statute of limitations on claims such as plaintiff’s, brought under subsection 5-12-080 of the RLTO, is two years. Namur, 294 Ill. App. 3d at 1013. See 735 ILCS 5/13-202 (West 2008). This two-year time frame does not, however, encompass plaintiff’s claims occurring after March 28, 2009. Because plaintiff brought suit on March 28, 2011, her claim regarding the failure to provide a receipt for the additional $10 she contributed toward her security deposit on May 1, 2009, or the failure to pay interest on March 31, 2009, would not be barred by the applicable two-year ... statute of limitations.

Section 5/13-202 supplies a two-year limitations period for Fourteenth Amendment due process and § 1983 claims filed in Illinois.

Cunliffe v. Wright · filed 2014-06-20

Fourteenth Amendment due process claims and § 1983 claims have a two-year statute of limitations under Illinois’s two-year personal injury statute of limitations.

Section 13-202 sets a two-year limitations period for personal injury actions.

Guiffrida v. Boothy's Palace Tavern, Inc. · filed 2014-08-12

On April 18, 2012, the two-year limitations period for plaintiff's cause of action expired. See 735 ILCS 5/13-202 (West 2012).

Section 5/13-202 makes a personal injury complaint filed within two years timely when the Tort Immunity Act’s one-year period does not apply.

O'Toole v. Chicago Zoological Society · filed 2014-10-17

Because defendant is not a local public entity to which the Tort Immunity Act’s one-year statute of limitations applies, the complaint was timely filed (see 735 ILCS 5/13-202 (West 2010)), and genuine issues of material fact exist with regard to the complaint’s merits.

Section 13-202 sets a two-year limitations period for personal injury actions.

Guiffrida v. Boothy's Palace Tavern, Inc. · filed 2015-01-09

On April 18, 2012, the two-year limitations period for plaintiff’s cause of action expired.

Section 5/13-202 gives a plaintiff two years from an arrest to bring a Fourth Amendment claim arising from that arrest.

Manuel v. City of Joliet · filed 2015-01-28

Thus if Manuel has a Fourth Amendment claim not barred by Newsome, it would have stemmed from his arrest on March 18, 2011, which he would have had to challenge within two years, see 735 ILCS 5/13-202, but he did not sue until April 10, 2013.

Section 5/13-202 provides a two-year limitations period for personal injury suits in Illinois, which courts use for § 1983 claims arising there.

Haywood v. Champaign County, Illinois · filed 2015-03-20

We look at the limitations period for personal injury suits in the state where the injury occurred, see Campbell v. Forest Preserve Dist. of Cook County, 752 F.3d 665, 667 (7th Cir. 2014), and in Illinois that period is two years, see 735 ILCS 5/13-202; Wallace v. Kato, 549 U.S. 384, 387 (2007).

Section 5/13-202 supplies a two-year limitations period for § 1983 claims brought in Illinois.

Falkner v. City of Chicago · filed 2015-12-09

“[T]he statute of limitations for § 1983 actions in Illinois,” however, “is two years." O’Gorman v. City of Chicago, 777 F.3d 885, 889 (7th Cir.2015); see also 735 ILCS § 5/13-202. ... Plaintiff filed his § 1983 cl^im, however, on May 1, 2015 — over two years later. Thus, the Court dismisses Count Three as time-barred.

Section 5/13-202 sets a two-year limitations period for personal-injury claims in Illinois.

Houston v. United States · filed 2016-02-03

Even if Houston could otherwise pursue a claim against the brand-name manufacturer, the two-year statute of limitations for personal-injury claims in Illinois has already run, see 735 ILCS 5/13-202, and the brand-name manufacturer did not receive notice of this suit within the time that would allow any amendment to relate back to the date of the original complaint, see FED. R. CIV. P. 4(m), 15(c)(1)(C).

Section 5/13-202 provides a two-year limitations period for personal injury claims, which the court applied to the plaintiff’s § 1983 claims.

Terry v. Chicago Police Department · filed 2016-08-02

In Illinois, the pertinent limitations provision requires a would-be plaintiff to bring suit within two years of a cause of action’s accrual. ... Thus, equitable principles do not apply and tlie Court grants the Defendants’ motion to dismiss because the Complaint is untimely under the two-year statute of limitations.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims brought in Illinois.

Harris v. City of Chicago · filed 2018-02-13

State law governs the length of the statute of limitations, which is two years in Illinois. Wallace, 549 U.S. at 388; 735 ILCS § 5/13-202. Harris filed this suit in May 2015, more than two years after the clock began to run on his claims, and so they are time barred.

Illinois’s two-year personal-injury limitations period governs Section 1983 claims and bars claims filed more than two years after the search or seizure.

Larson v. LaSalle County · filed 2018-03-05

The parties agree that Illinois’s two-year statute of limitations for personal-injury claims governs Larson’s Section 1983 claims. ... Applying those rules here, Larson’s Section 1983 claims are time-barred.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims arising in Illinois.

Powell v. Chicago · filed 2018-03-08

In Illinois, the relevant period is two years. 735 ILCS 5/13-202. Thus, because Plaintiff filed this suit on July 12, 2017, his claim is untimely unless it accrued on or after July 12, 2015.

Section 5/13-202 supplies the two-year limitations period for § 1983 actions brought in Illinois.

Casimir v. City Of Chicago · filed 2018-04-06

The two-year limitations clock started counting down when Counts III and VI accrued on July 22, 2014, but the accrual date of Count VIII cannot be determined on the TAC’s face.

Section 5/13-202 provides the two-year personal injury limitations period applied to § 1983 claims in Illinois.

Lanahan v. County of Cook · filed 2018-04-13

In Illinois, § 1983 claims are governed by a two-year statute of limitations. See Williams v. Lampe, 399 F.3d 867, 870 (7th Cir. 2005) (stating that limitations periods for § 1983 is based on Illinois’ statute of limitations for personal injuries); 735 ILCS 5/13-202 (setting default limitations period of two years for personal injury claims).

Section 5/13-202 provides a two-year limitations period that courts apply to § 1983 claims arising in Illinois.

Williams v. City of Chi. · filed 2018-06-01

In Illinois, the limitations period is two years. 735 ILCS 5/13-202. Williams filed his complaint on July 13, 2017, meaning that his claim is untimely if it accrued before July 13, 2015.

Section 13-202 sets a two-year period for personal injury suits; the court treated a suit filed less than two years after the death at issue as timely.

Crawford v. Belhaven Realty LLC · filed 2018-06-12

Crawford brought a timely suit against Belhaven on June 30, 2008, less than two years after Duke's death on July 2, 2006. See 735 ILCS 5/13-202, 13212(a) (West 2006) (two-year statute of limitations for personal injury suits and actions against physicians and hospitals).

Section 5/13-202 sets a two-year filing period for personal-injury actions, including the limitations period borrowed for § 1983 claims filed in Illinois.

Tillman v. Village of Wonder Lake · filed 2018-06-21

In Illinois, the period to file a general personal injury action is two-years, pursuant to 735 ILCS 5/13-202 (“Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution...shall be commenced within 2 years next after the cause of action accrued.”).

Section 5/13-202 supplies the two-year limitations period for § 1983 claims brought in Illinois.

Bilik v. Hardy · filed 2018-08-24

In Illinois, the statute of limitations for claims under 42 U.S.C. § 1983 claims is two years. 735 ILCS 5/13-202. ... Consequently, Bilik’s lactose-intolerance claim as it pertains to his first period of incarceration at Stateville from February 8, 2010 until June 16, 2010 is time-barred with respect to all Defendants except Schwarz and Hardy.

Section 5/13-202 provides a two-year limitations period for claims seeking personal injury damages.

Rose v. Nat'l Collegiate Athletic Ass'n · filed 2018-09-28

In each of their claims, Plaintiffs allege that the nature of their injury is in the form of personal injury damages. ... As a result, the applicable statute of limitations for all claims is two years.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims filed in Illinois.

Alarm Detection Systems, Inc. v. Village of Schaumburg · filed 2018-09-28

The text of 42 U.S. § 1983 contains no statute of limitations. Thus, the district court must look to the state’s statute of limitations for a given claim. “This circuit has consistently held that the appropriate statute of limitations for § 1983 cases filed in Illinois is two years as set forth in 735 ILCS § 5/13–202.”

Section 5/13-202 provides a two-year limitations period for personal injury actions, which federal courts borrow for § 1983 claims in Illinois.

Davila v. City Of Chicago · filed 2018-10-17

As for Hernandez’s excessive-force claims, his estate had two years from the date his claim accrued to file suit. See Shropsear v. Corp. Counsel of City of Chi., 275 F.3d 593, 594 (7th Cir. 2001); 735 ILCS 5/13-202.

Section 5/13-202 provides a two-year limitations period for personal injury claims, including the period applied to § 1983 claims filed in Illinois.

Mohammed v. Westcare Illinois, Inc. · filed 2019-01-23

Illinois law provides a two- year statute of limitations for personal injury claims. 735 Ill. Comp. Stat. 5/13-202. Therefore, the statute of limitations for Mohammed’s personal injury claims was up on November 1, 2017.

Section 5/13-202 requires a personal injury action to be brought within two years after it accrues.

Regains v. City of Chicago · filed 2019-03-13

Under Illinois law, a plaintiff must bring a personal injury action within two years after its accrual.

Section 5/13-202’s two-year personal injury limitations period applies to § 1983 claims in Illinois.

Cunningham v. The City of Joliet · filed 2019-03-20

Cunningham’s constitutional claims thus follow Illinois’ two-year limitations period for typical personal injury claims.

Section 5/13-202 sets a two-year limitations period for Illinois personal injury actions, which also applies to § 1983 claims brought in Illinois.

Caudle v. State of ILL. · filed 2019-04-05

The statute of limitations for personal injury actions in Illinois, and, therefore, also for federal § 1983 claims brought in Illinois, is two years. 735 ILCS 5/13-202; Regains, 2019 U.S. App. LEXIS 7381, at *6–7; Tobey v. Chibucos, 890 F.3d 634, 645 (7th Cir. 2018).

Section 5/13-202 supplies the two-year limitations period borrowed for § 1983 claims filed in Illinois.

Safari Childcare Inc v. Penny · filed 2019-08-02

“A § 1983 claim borrows the statute of limitations for analogous personal-injury claims in the forum state,” which in Illinois is two years. Lewis v. City of Chicago, 914 F.3d 472, 478 (7th Cir. 2019) (citing 735 ILCS 5/13-202).

Section 5/13-202 requires a personal injury action to be commenced within two years after the cause of action accrues.

Haywood v. Maue · filed 2019-09-05

Under Illinois law, am action for personal injury must be commenced within two years after the cause of action accrued. 735 ILCS 5/13-202; see Ashafa v. City of Chicago, 146 F.3d 459, 461 (7th Cir. 1998). ... This case is barred by the statute of limitations and is therefore DISMISSED with prejudice.

Section 5/13-202 supplies a two-year limitations period for § 1983 personal injury claims arising in Illinois.

Hudson v. Nwaobasi · filed 2019-09-23

In Illinois, where the events in Hudson’s complaint occurred, that period is two years. Woods v. Illinois Dep’t of Children and Family Servs., 710 F.3d 762, 765-66 (7th Cir. 2013); 735 ILCS 5/13-202. ... Hudson’s claim accrued as to Dr. Shearing in August 2013 when Shearing left his employment in the healthcare unit at Menard, and the statute of limitations lapsed approximately three years before Hudson filed suit against Defendant Shearing.

Section 5/13-202 supplies a two-year limitations period for a § 1983 claim arising from an injury in Illinois.

Johnson v. Wexford Health Sources Inc. · filed 2019-09-30

In the present case, Johnson’s injury occurred in Illinois, so the statute of limitations is two years. See 735 ILCS 5/13-202.

Section 5/13–202 provides a two-year limitations period for personal-injury actions, which the court applied to a § 1983 claim.

Janus v. American Federation of State · filed 2019-11-05

In Illinois, this is two years. 735 ILCS § 5/13–202. ... In this case, the statute began running on the date of the Supreme Court’s decision in Janus II: June 27, 2018. Mr. Janus neither knew nor should have known any earlier that his con‐ stitutional rights were violated, because before then it was the settled law of the land that the contrary was true. Thus, his suit is timely.

Section 13-202 gives a person two years to bring a personal injury action; for a sudden traumatic injury, the period begins when the injury occurs, subject to statutory tolling.

Mickiewicz v. Generations at Regency, LLC · filed 2019-11-27

As stated above, the incidents constitute personal injuries that were caused by sudden and traumatic events, subjecting them to the two-year statute of limitations contained in section ... 13-202.

Section 5/13-202 supplies the two-year limitations period for Section 1983 claims in Illinois.

Thurmond v. Godinez · filed 2019-12-02

The Court notes that the majority of Plaintiff’s allegations took place in 2015, and the statute of limitations under Section 1983, as determined by state law, is two years.

Section 13-202 supplies a two-year limitations period for § 1983 claims in Illinois.

Flynn v. Donnelly · filed 2019-12-04

Although the parties agree that the statute of limitations for § 1983 claims in Illinois is two years, 735 ILCS 5/13-202; Lewis v. City of Chicago, 914 F.3d 472, 478 (7th Cir. 2019), the appellants contend that their claims did not accrue until the Illinois Supreme Court decided that the SAFE unit violated 55 ILCS 5/3-9005(b). ... Any possible constitutional challenge to those actions accrued more than two years before the plaintiffs filed their federal case in 2016.

Section 5/13-202 provides a two-year limitations period for personal injury claims, which applies to § 1983 claims filed in Illinois.

Mister v. Illinois Department of Corrections · filed 2019-12-20

In Illinois, this time period is two years. 735 ILCS 5/13-202. Thus, Plaintiff’s claims are time-barred only if the events giving rise to the cause of action occurred more than two years prior to his filing a complaint against a defendant. ... Because Plaintiff did not file suit until February 7, 2019, judgment in favor of Defendants is appropriate.

Section 5/13-202 sets a two-year limitations period for personal injury claims, which courts apply to Section 1983 claims in Illinois.

Harris v. Dart · filed 2020-01-06

Because there is no statute of limitations for Section 1983 claims, courts apply the state’s statute of limitations for personal injury claims, Woods v. Ill. Dep’t of Children and Family Serv., 710 F.3d 762, 765 (7th Cir. 2007), which is two years in Illinois. 735 ILCS 5/13-202.

Section 13-202 gives a plaintiff two years after accrual to bring state law claims for personal injury, false arrest or imprisonment, and malicious prosecution.

Stoller v. Costco Wholesale Corporation · filed 2020-01-16

A two-year statute of limitations also applies to state law claims involving false arrest or imprisonment and malicious prosecution.

Section 5/13-202 sets a two-year limitations period for personal injury actions.

Washington v. The Kroger Co. · filed 2020-01-23

The parties do not dispute that on or about May 2, 2019, the statute of limitations expired. See 735 ILCS 5/13-202 (setting forth 2-year statute of limitations for actions for “damages for an injury to the person,” among other actions).

Section 5/13-202 gives personal injury claims a two-year limitations period, which barred the claims filed more than two years after accrual.

Williams v. Smith & Nephew Inc. · filed 2020-01-24

Illinois imposes a two-year statute of limitations for personal injury and product liability claims. 735 Ill. Comp. Stat. 5/13-202, 5/13-213(d). ... Accordingly, all claims in their cases, except for the breach of express warranty claims, will be dismissed.

Section 5/13-202 provides a two-year limitations period for personal injury claims, including § 1983 claims arising in Illinois.

Headrick v. Does · filed 2020-03-09

In Illinois, where the events in Headrick’s complaint occurred, that period is two years. See Woods v. Illinois Dept. of Children and Family Svcs., 710 F.3d 762, 765-766 (7th Cir. 2013); 735 ILCS § 5/13-202.

Section 5/13-202 supplies a two-year limitations period for § 1983 actions arising in Illinois; the period is tolled while a prisoner pursues required administrative remedies.

Merritt v. Minor · filed 2020-03-09

In Illinois, where the events in Merritt’s complaint occurred, that period is two years. See Woods v. Illinois Dept. of Children and Family Svcs., 710 F.3d 762, 765-766 (7th Cir. 2013); 735 ILCS § 5/13-202. ... Drawing inferences and resolving disputes of fact in Merritt’s favor, the undersigned concludes that, when he filed suit on May 13, 2016, Merritt did so within the applicable limitations period.

Section 5/13-202 gives a plaintiff two years to bring a personal injury claim; under the discovery rule, the period begins when the plaintiff knows or reasonably should know the injury was wrongfully caused.

Baker v. C R Bard Incorporated · filed 2020-03-19

The statute of limitations in Illinois for personal injury and product liability claims is two years. See 735 ILCS 5/13-202, 213(d). ... In sum, the two-year limitations period for Baker’s personal injury and product liability claims expired by January 23, 2015 at the latest, over four years before she filed this suit. Bard therefore is entitled to judgment on those claims.

Section 5/13-202 gives a plaintiff two years to bring a personal injury action; the period began when Goodall knew of her injury, even though she learned its full extent later.

Goodall v. Chrysler Inc · filed 2020-04-15

Goodall had two years to bring this action against Chrysler.