Missouri and Illinois statutes of limitations.
Miss the deadline, lose the case. Below is the side-by-side chart of the deadlines that come up most often in our practice. Use it as a reference. Talk to an attorney to confirm what applies to you.
Personal injury and wrongful death
Personal injury (negligence)
The single largest difference between the two states. A car accident on the wrong side of the river can be filed three years after the deadline runs on the other side.
Mo. Rev. Stat. § 516.120 · 735 ILCS 5/13-202
Missouri
5 years
Illinois
2 years
Wrongful death
Measured from the date of death, not the date of the underlying injury.
Mo. Rev. Stat. § 537.100 · 740 ILCS 180/2
Missouri
3 years
Illinois
2 years
Medical malpractice
Both states use a discovery rule but the outer-limit repose periods differ. Minors get extended deadlines under both statutes.
Mo. Rev. Stat. § 516.105 · 735 ILCS 5/13-212
Missouri
2 years (with discovery rule)
Illinois
2 years (4-year statute of repose)
Product liability
Mo. Rev. Stat. § 516.120 · 735 ILCS 5/13-213
Missouri
5 years
Illinois
2 years (10-year repose)
Premises liability (slip and fall)
Mo. Rev. Stat. § 516.120 · 735 ILCS 5/13-202
Missouri
5 years
Illinois
2 years
Workers' compensation
Notice deadlines are even shorter than filing deadlines. MO requires written notice to the employer within 30 days; IL within 45 days.
Mo. Rev. Stat. § 287.430 · 820 ILCS 305/6(d)
Missouri
2 years (3 if no report filed)
Illinois
3 years (2 from last benefit)
Dog bite / animal injury
Illinois has a strict-liability dog-bite statute that runs on the same 2-year clock.
Mo. Rev. Stat. § 516.120 · 735 ILCS 5/13-202; 510 ILCS 5/16
Missouri
5 years
Illinois
2 years
Claims against government
Notice deadlines for government defendants are often shorter than the statute of limitations and are easy to miss. Both states require formal pre-suit notice with strict timing.
Notice of claim against a Missouri municipality
Cities, counties, and the state of Missouri require statutory notice well before the standard 5-year limitations period would otherwise apply. Miss the notice and the case is over.
Mo. Rev. Stat. § 537.600 et seq.
Missouri
Within 90 days of the injury
Illinois
N/A
Notice of claim against an Illinois local government
Tort Immunity Act notice requirements. Suits against the state itself go to the Illinois Court of Claims with its own filing rules.
N/A · 745 ILCS 10/8-101
Missouri
N/A
Illinois
Within 1 year of the injury
Criminal charges
The state has to file charges within these windows or it loses the right to prosecute. Some offenses (sex crimes against minors, murder, public corruption) have no limitations period in either state.
Most felonies
Mo. Rev. Stat. § 556.036 · 720 ILCS 5/3-5
Missouri
3 years
Illinois
3 years
Most misdemeanors
Mo. Rev. Stat. § 556.036 · 720 ILCS 5/3-5
Missouri
1 year
Illinois
18 months
Murder, certain sex offenses, public corruption
Mo. Rev. Stat. § 556.036 · 720 ILCS 5/3-5
Missouri
No limit
Illinois
No limit
Contract claims
Breach of written contract
Mo. Rev. Stat. § 516.110 · 735 ILCS 5/13-206
Missouri
10 years
Illinois
10 years
Breach of oral contract
Mo. Rev. Stat. § 516.120 · 735 ILCS 5/13-205
Missouri
5 years
Illinois
5 years
Things that change the clock
The deadline isn't always when you think.
- Discovery rule. Some claims (medical malpractice, product liability latent injury, fraud) start running when you knew or should have known about the harm, not when the harm occurred. Both states recognize discovery rules, but with different statutes of repose as outer limits.
- Minor tolling. If the injured person is a minor at the time of injury, the deadline is paused until they turn 18 (Missouri) or 18 with separate statutes for some claims (Illinois). Specific rules vary by claim type.
- Mental incapacity. Both states pause limitations periods for people who are legally incompetent at the time of the injury. The pause ends when capacity is restored.
- Defendant out of state. Missouri has tolling provisions when the defendant is absent from the state. Illinois rules differ.
- Government claims. Notice deadlines (typically 90 days in MO, 1 year in IL) are far shorter than the underlying statute of limitations and apply on top of it.
This page is a general reference and not legal advice. Statutes of limitations interact with discovery rules, repose statutes, tolling provisions, and procedural rules in ways that turn on the specific facts of your case. Talk to an attorney.
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