Illinois Compiled Statutes
735 ILCS 5/13-211 (2026)
Minors and persons under legal disability
✓ current as of May 2026
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(735 ILCS 5/13-211)
(from Ch. 110, par. 13-211)
Sec. 13-211. Minors and persons under legal disability. (a) If the person
entitled to bring an action, specified in Sections 13-201 through 13-210
of this Code, at the time the cause of action accrued, is under the age of
18 years or is under a legal disability, then he or she may bring the
action within 2 years after the person attains the age of 18 years, or the
disability is removed. (b) If the person
entitled to bring an action specified under Sections 13-201 through 13-210
of this Code is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (b) does not invalidate any statute of repose provisions contained in Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3,
13-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of
this Code. In no event shall the period of limitations for a
cause of action under Section 13-205 or 13-206 of this Code be
stayed in excess of 10 years from the date of the adjudication
of legal disability. This subsection (b) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1077, eff. 1-1-15.)
Notes of Decisions
Cited in 61
cases (14 in the last 5 years), 1993–2026 · leading case: Parks v. Kownacki, 737 N.E.2d 287 (Ill. 2000).
Parks v. Kownacki, 737 N.E.2d 287 (Ill. 2000). “An action for personal injury must be filed "within 2 years next after the cause of action accrued.”
Clay v. Kuhl, 727 N.E.2d 217 (Ill. 2000). “The defendants maintained that the time for bringing the present action expired on March 31, 1984, when the plaintiff turned 20.”
Zayed v. Clark Manor Convalescent Ctr., Inc., 2019 IL App (1st) 181552 (Ill. App. Ct. 2019). “In Giles, the court ruled that section 13-211 of the Code of Civil Procedure (Code) (735 ILCS 5/13-211 (West 2012)), which suspends the running of the statute of limitations while a person is legally disabled, was not controlling and that section 13-209(a)(1) (735 ILCS…”
Brucker v. Mercola, 886 N.E.2d 306 (Ill. 2007). “" Thus, according to plaintiffs, their complaint alleged ordinary negligence and was subject to the limitations periods provided in sections 13-202 (735 ILCS 5/13-202 (West 2006)) and 13-211 (735 ILCS 5/13-211 (West 2006)). Third, plaintiffs contended that their amended…”
Bertolis v. Cmty. Unit Sch. Dist. No. 7, 671 N.E.2d 79 (Ill. App. Ct. 1996). “On appeal, we are asked to determine which of two applicable but conflicting statutes of limitation, contained in section 13-211 of the Code of Civil Procedure (Code) (735 ILCS 5/13-211 (West 1994)) and section 8-101 of the Local Governmental and Governmental Employees Tort…”
Country Preferred Ins. Co. v. Whitehead, 2012 IL 113365 (Ill. 2012). “83, ¶ 22 (now 735 ILCS 5/13-211 (West 2010) (“If the person entitled to bring an action, *** at the time the cause of action accrued, is under the age of 18 years, or is under a legal disability, then he or she may bring the action within 2 years after the person attains the age…”
Dickey v. Connaught Labs., Inc., 777 N.E.2d 974 (Ill. App. Ct. 2002). “She maintains that the Vaccine Act's three-year statute of limitations violates public policy because its limitations period is more restrictive than the Illinois statute of limitations, which allows minors to bring a tort action two years after attaining the age of 18 (735 ILCS…”
Doe v. Hastert, 2019 IL App (2d) 180250 (Ill. App. Ct. 2019). “See 735 ILCS 5/13-211 (West 2016). However, he did not bring the present action until 2017, when he was approximately 53 years old.”
Tosado v. Miller, 720 N.E.2d 1075 (Ill. 1999). “2d 79 (1996), the appellate court determined that the limitations period for personal injury actions brought by minors that accrued during minority (735 ILCS 5/13-211 (West 1994)) governed the plaintiff's claim because it more specifically addressed the plaintiff and the nature…”
Doe v. Diocese of Dallas, 885 N.E.2d 376 (Ill. App. Ct. 2008). “2 of the Code was enacted by our legislature in September 1990; that amendment took effect on January 1, 1991, and included a statute of repose which would not allow a plaintiff to file a claim more than 12 years from the date that the plaintiff turned 18 years of age.”
Wisniewski v. Diocese of Belleville, 943 N.E.2d 43 (Ill. App. Ct. 2011). “See 735 ILCS 5/13-211 (West 2008); Clay, 189 Ill.”
Reyes v. City of Chicago, 585 F. Supp. 2d 1010 (N.D. Ill. 2008). “735 ILCS 5/13-211 (2000). The complaint was filed in December 2007 when both children were still minors.”
— 735 ILCS 5/13-211(a) — 12 cases
Zayed v. Clark Manor Convalescent Ctr., Inc., 2019 IL App (1st) 181552 (Ill. App. Ct. 2019). “In Giles, the court ruled that section 13-211 of the Code of Civil Procedure (Code) (735 ILCS 5/13-211 (West 2012)), which suspends the running of the statute of limitations while a person is legally disabled, was not controlling and that section 13-209(a)(1) (735 ILCS…”
Gavlin v. Adventist Bolingbrook Hosp., 2022 IL App (3d) 200282 (Ill. App. Ct. 2022).
Mickiewicz v. Generations at Regency, LLC, 2020 IL App (1st) 181771 (Ill. App. Ct. 2021).
Patterson v. McLean Cnty. Sheriff's Dep't (C.D. Ill. 2021).
Richardson v. Sabbs, 2025 IL App (1st) 231547-U (Ill. App. Ct. 2025).
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