Illinois Statute of Limitations for Slip and Fall Claims: What Godfrey Residents Need to Know

If you were hurt in a slip and fall accident near Godfrey or anywhere in the Alton area, one of the first things you need to understand is the Illinois Statute of Limitations for Slip and Fall Claims: What Godfrey Residents Need to Know. This is the legal deadline for filing a lawsuit — and if you miss it, you lose your right to compensation, no matter how strong your case is. At Mormino & Snider, P.C., we have been helping injured residents of Madison County navigate these rules since 1985. You can find us on Google to read reviews or get directions to our office at 3517 College Ave., Alton, IL 62002.

The Two-Year Deadline Under Illinois Law

Illinois law gives most injured people two years to act. Under 735 ILCS 5/13-202, the time limit for a slip and fall lawsuit in Illinois is two years from the date of the injury. This applies whether you fell on a wet grocery store floor, a broken sidewalk on private property, an icy parking lot, or a cluttered stairway. Miss that deadline and the courthouse door closes permanently — the evidence, the medical records, none of it matters anymore.

Two years can feel like a long time, but it moves faster than most people expect. Medical treatment, insurance calls, and just getting back on your feet can eat up months before you realize a legal deadline is approaching.

When Does the Clock Start?

The filing deadline typically begins on the day you were injured. That is the standard rule under Illinois premises liability law. In most slip and fall cases, the date of the accident is the date the clock starts — not the date you first felt pain, not the date you received a diagnosis, and not the date your doctor told you surgery was necessary.

There is a narrow exception called the discovery rule. It allows the clock to start later when an injured person could not reasonably have known about the injury at the time of the fall. In a premises liability case, this exception is rarely applied because the fall and the injury usually happen at the same moment. Do not count on it to save your claim.

Exceptions That Can Change Your Illinois Slip and Fall Filing Deadline

A few specific situations can shift the standard two-year time limit for a slip and fall lawsuit in Illinois. Understanding the Illinois Statute of Limitations for Slip and Fall Claims: What Godfrey Residents Need to Know means understanding these exceptions too:

• Minors.  If the injured person was under 18 at the time of the fall, the two-year period does not begin until their 18th birthday. A child who fell at age 10 would generally have until age 20 to file.
• Legal disability. If the injured person was legally incapacitated at the time of the fall, the limitations period may be paused until that disability is lifted.
• Defendant's absence from Illinois. If the at-fault party leaves the state to avoid being sued, Illinois law may pause the clock for the time they are absent.

These exceptions are narrow and fact-specific. None of them are a reason to delay talking to an attorney.

Government Property Is a Different Situation

If your fall happened on public property — a city sidewalk, a park district path, a county-owned building — the rules are different and the deadline is shorter. Under the Illinois Tort Immunity Act (745 ILCS 10/8-101), claims against local government defendants generally must be filed within one year of the injury, not two. Some situations require a formal written notice to the government entity before you can even file suit.

Falls on Alton city property or Madison County-maintained land can fall under this one-year rule. If your fall happened anywhere near a public space, have an attorney review your situation right away.

Why Acting Quickly Protects Your Claim

The Illinois Statute of Limitations for Slip and Fall Claims: What Godfrey Residents Need to Know is not the only reason to move fast. Evidence disappears. Surveillance video gets erased — often within 30 days. Witnesses move or forget details. The property owner may fix the hazard and leave no trace of what caused your injury. Waiting, even for a few months, can make a provable case much harder to win.

When Sam Mormino took on his first personal injury cases at the firm in 1987, the same principle applied: the sooner you document what happened, the stronger your claim. That has not changed.