Illinois Tolling: Minors and a Coerced-Confession Rule

Illinois's two-year clock pauses for the reasons you'd expect — and, in one genuinely rare provision, for a situation almost no other state's statute addresses directly.

Minors: a fresh two years from 18

Under 735 ILCS 5/13-211, a person who was under 18 when their cause of action accrued may bring a personal injury action within two years after turning 18 — a fresh two-year window from that birthday, regardless of how much of the original period had already run before they reached adulthood.

A defendant who leaves the state

Under 735 ILCS 5/13-208, if a defendant leaves Illinois at some point after the injury but before a lawsuit can be filed, the two-year countdown is paused until they return to the state. This prevents someone from running out the clock simply by staying out of Illinois's jurisdiction.

A genuinely rare, specific provision: coerced confessions

Buried inside the same statute that sets Illinois's general two-year deadline is a provision almost no one encounters, but which matters enormously to the people it protects. If a confession or information is compelled through imminent bodily harm or the threat of imminent bodily harm, and that compelled statement results, in whole or in part, in a criminal prosecution of the plaintiff, the two-year period is tolled during the time the plaintiff is incarcerated, or until that criminal prosecution has been finally resolved in the plaintiff's favor, whichever is later.

Why this provision exists

This rule is directly tied to situations involving coerced false confessions — someone wrongfully compelled, through threatened or actual violence, into a statement that leads to their own wrongful prosecution and incarceration. Without this tolling, the two-year clock to sue over that coercion could run out entirely while the person was still imprisoned for a crime connected to the coerced statement itself, making it practically impossible to pursue a civil claim in time. One notable limit: this specific provision does not apply to units of local government covered by the Tort Immunity Act.

What doesn't pause the clock

A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Illinois's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.

Illinois tolling — frequently asked questions

Until what age is Illinois' deadline tolled for a minor?

18. Under 735 ILCS 5/13-211, a minor may bring a personal injury action within two years after turning 18, regardless of how much of the original two-year window had already passed.

Does Illinois toll the deadline if the defendant leaves the state?

Yes. Under 735 ILCS 5/13-208, if the defendant leaves Illinois after the injury but before a lawsuit can be filed, the two-year countdown is paused until they return.

What is Illinois' coerced-confession tolling rule?

A provision in 735 ILCS 5/13-202 that tolls the two-year period, during the time a plaintiff is incarcerated, where a confession compelled by imminent bodily harm or the threat of it resulted in whole or in part in that plaintiff's own criminal prosecution.

Does the coerced-confession tolling rule apply to local governments?

No. The statute specifically states this tolling provision does not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.

Does negotiating with an insurance adjuster pause Illinois' statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Illinois statute (735 ILCS 5/13-202, § 13-208, § 13-211), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Illinois attorney before acting.