Illinois has a notable tobacco litigation history. The state was a party to the 1998 Master Settlement Agreement. Illinois state courts heard the long-running Price v. Philip Morris "light cigarettes" case. And Illinois smokers diagnosed with lung cancer, COPD, and other smoking-related diseases continue to bring individual product liability cases against the major tobacco companies. This guide walks through the filing deadlines and how cases work in Illinois today.
Illinois Statute of Limitations
Illinois applies a two-year statute of limitations for personal injury claims (735 ILCS 5/13-202). The clock generally runs from when the plaintiff knew or reasonably should have known about the injury and its connection to the defendant's product — the discovery rule, well-established in Illinois case law.
For lung cancer cases, the clock typically starts on the date of diagnosis. For chronic conditions like COPD and emphysema, the timing is more fact-specific because these are progressive illnesses. Each case is evaluated individually.
The wrongful death clock
Illinois wrongful death cases (740 ILCS 180) must be filed within two years of the date of death. A survival action under 755 ILCS 5/27-6 can be brought by the estate for the deceased's claims that survived their death.
What Illinois Cases Allege
Like cases in our other jurisdictions, Illinois smoking-injury cases generally allege a combination of:
- Negligent design, manufacture, and marketing.
- Strict product liability.
- Failure to warn.
- Fraud and misrepresentation.
- Civil conspiracy among the tobacco companies to suppress health research and mislead the public.
The factual record supporting these theories includes industry documents now in the public archive, the U.S. v. Philip Morris RICO case findings, and the Master Settlement Agreement file.
What Illinois Cases Require
- A diagnosis of lung cancer, COPD, emphysema, throat cancer, bladder cancer, or other smoking-related disease.
- Substantial smoking history (pack-years).
- Brand identification.
- Causation expert testimony.
If You or a Family Member in Illinois Has Been Diagnosed
Free, confidential case review. We focus the first conversation on diagnosis, smoking history, and whether the Illinois filing window is open.
- Read about lung cancer cases: Lung Cancer Smoking Lawsuit Legal Rights.
- Read about wrongful death: Smokers' Wrongful Death — Family Guide.
- Read about smoking history documentation: Smoking History Documentation.
Free case review. No fees unless we recover compensation for you.
Sources
- 735 ILCS 5/13-202 — Illinois two-year statute of limitations for personal injury. ilga.gov
- 740 ILCS 180 — Illinois Wrongful Death Act. ilga.gov
- 755 ILCS 5/27-6 — Illinois Survival Act. ilga.gov
- Illinois Department of Public Health — Tobacco control and lung cancer data. dph.illinois.gov
- Tobacco Master Settlement Agreement archive. industrydocuments.ucsf.edu