Prejudgment Interest Rules in Illinois

Short answer Illinois uses the Interest Act’s 5% annual rate for qualifying overdue written-instrument and related debts. Personal-injury and wrongful-death judgments instead carry 6% annual prejudgment interest from the filing date, subject to a five-year accrual limit, settlement-offer adjustments, and an express government-defendant exclusion. The tort rule took effect July 1, 2021.
State
Illinois
Statute checked
October 6, 2026
Sources
5 statutes

At a glance

Governing lawQualifying overdue debts: 815 ILCS 205/2; personal-injury and wrongful-death judgments: 735 ILCS 5/2-1303(c).
Interest rate5% annually on qualifying Interest Act debts (815 ILCS 205/2); 6% annually on covered personal-injury and wrongful-death judgment amounts (735 ILCS 5/2-1303(c)).
When interest starts runningInterest Act: after money becomes due or from its specified settlement/withholding event; injury and wrongful death: action filing, with a five-year accrual maximum and dismissal-to-refiling tolling (§ 2-1303(c)).
Contract vs. tort claims815 ILCS 205/2 covers listed debt categories, including written instruments; § 2-1303(c) separately covers personal injury and wrongful death from negligent, intentional, or strict-liability conduct.
Mandatory or discretionaryInterest Act says creditors “shall be allowed” the listed interest; § 2-1303(c) says a qualifying tort plaintiff “shall recover” interest, subject to statutory exclusions and offer terms.
Simple or compoundNeither 815 ILCS 205/2 nor § 2-1303(c) states a compounding method; the five-year period limits accrual duration, without itself resolving compounding.
Claims against the government§ 2-1303(c) expressly excludes the State, local government units, school and community college districts, and other governmental entities from its injury/wrongful-death prejudgment interest.
Other exceptions§ 2-1303(c) excludes punitive damages, sanctions, statutory attorney fees and costs; its written-offer rule reduces interest to the judgment-minus-offer difference, or zero if judgment does not exceed the offer.

Requirements one by one

Governing law and rates

Under 815 ILCS 205/2, creditors “shall be allowed” 5% annual interest on listed overdue money, including amounts due on bonds, bills, promissory notes, and other written instruments. In a different track, 735 ILCS 5/2-1303(c) awards 6% annual prejudgment interest on qualifying personal-injury and wrongful-death judgments. The 9% and government 6% rates in § 2-1303(a) concern interest after judgment; they are not the tort prejudgment rate.

When interest begins

The Interest Act begins its written-instrument track when money becomes due. Section 2-1303(c) begins the injury/wrongful-death clock when the action is filed, tolls it between a voluntary dismissal and refiling, and limits accrual to five years. For an injury before the July 1, 2021, effective date, its text starts interest on the later of filing or that effective date.

Contract and tort treatment

The Interest Act’s listed debt categories require their own qualifying facts. New Hampshire Insurance Co. v. Hanover Insurance Co., 296 Ill. App. 3d 701 (1998), explains how a determinable amount on a writing can qualify even if the parties dispute liability. Cotton v. Coccaro, 2023 IL App (1st) 220788, describes the 2021 addition of the separate injury/wrongful-death rule.

Government defendants

Section 2-1303(c) expressly excludes the State, a unit of local government, a school district, a community college district, and any other governmental entity from the injury/wrongful-death prejudgment-interest obligation.

What trips people up

The offer rule in § 2-1303(c) has two distinct outcomes. If a timely written defendant offer is less than the final judgment, interest is calculated on the judgment amount minus the offer, after statutory exclusions. If the final judgment is equal to or less than the qualifying offer, no prejudgment interest is added. The statute sets a 12-month offer window and a 90-day acceptance condition.

The section removes punitive damages, sanctions, statutory attorney’s fees, and statutory costs from the interest base. Neither cited interest statute expressly states a compounding method; the five-year limit states how long interest accrues.

Common questions

Does the 6% tort rule begin on the injury date? No. Section 2-1303(c) starts it when the action is filed, subject to the pre-2021 transition rule.

Is a government entity covered by that tort rule? No. Section 2-1303(c) expressly excludes the named government defendants.

Statutes and sources

  • 815 ILCS 205/2, official Interest Act text, accessed 2026-10-06: https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2322&ChapterID=67&Print=True
  • 735 ILCS 5/2-1303(a), (c), official Code of Civil Procedure text, accessed 2026-10-06: https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K2-1303.htm
  • Cotton v. Coccaro, 2023 IL App (1st) 220788, and New Hampshire Insurance Co. v. Hanover Insurance Co., 296 Ill. App. 3d 701 (1998), retrieved 2026-10-06.

Source links

Every statute quoted above, linked, with the date we checked it.

815 ILCS 205/2 · accessed 2026-10-06
735 ILCS 5/2-1303(a) · accessed 2026-10-06
735 ILCS 5/2-1303(c) · accessed 2026-10-06
This page is general legal information about how a state calculates prejudgment interest, not legal advice about your claim. Whether interest applies to your damages, at what rate, and from what date, often depends on case-specific facts (whether damages are "liquidated" or "certain," whether a demand was made and when, how a court exercises its discretion) that this page cannot resolve for you. Verified against the official statute text on the date shown; confirm current law or consult a licensed attorney in the state before relying on it.

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