Illinois Statutes of Limitations
Statute of Limitations: 2 Years with Modified Discovery Rule (knew or should have known injury was wrongfully caused even if plaintiff did not know it was actionable).
Statute of Limitations: 2 Years. If injury occurred within 10-12 year period, 2 year discovery rule applies. Maximum 8 years for injury or death.
SOR: 12 years from sale or 10 years from delivery to first owner, whichever occurred first.
Statute of Limitations: 2 years from date of death, except for fraudulent concealment which is 5 years from date of claim
Medical, Dental, Nursing, and Hospital Malpractice
Statute of Limitations: 2 years with Discovery Rule, no action may be commenced after 4 years from act or omission causing injury unless concealment by defendant.
Tolls: If plaintiff is under 18, action must be brought within 8 years after date or omission causing injury and never after 22 nd birthday.
Statute of Limitations: 2 years with Discovery Rule, maximum 6 years
Certain Intentional Torts
Statute of Limitations: 1 year – libel and slander
Statute of Limitations: 2 years – All others
Fraud of Defendant
If person fraudulently conceals action against himself from person entitled to assert that action then action may be commenced within 5 years from time potential plaintiff discovered cause of action.
See specific rules above for products liability and medical malpractice.
For infancy (18 th birthday), incompetence, and imprisonment, 2 years from removal of disability except in medical malpractice and other actions where specific statutes must be consulted.
Modified comparative negligence rule. Numerous specific rules apply and should be consulted based on amount of recovery.
Statute of Limitations: 1 year, including Wrongful Death
State has adopted an immunity statute governing when actions against the state or its political subdivisions are permitted. In certain municipal actions, notices of claim are required.
Illinois has a comprehensive scheme of statutes controlling damage recoveries that is based upon a number of variables such as the type of action, amount of the award, and date of occurrence.
Plaintiff must show reasonable likelihood of proving facts at trial of willful or wanton standard. No punitive damages unless actual damages recovered.
In Illinois there may also be a claim under the Illinois Survival Act (conscious pain and suffering) and a Special Administrator may not bring that claim. An “Administrator” will have to be appointed to bring both claims. A Special Administrator may bring only the death claim.
Consumer Fraud Complaint:
Illinois Consumer Fraud Bureau
(312)814-3000 ( Chicago)
(217)782-1090 ( Springfield)
(618)529-6400/6401 ( Carbondale)