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Illinois Statutes of Limitations

Negligence/Personal Injury

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).

Products Liability

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.

Wrongful Death

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.

Legal Malpractice

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.

Discovery Rule

See specific rules above for products liability and medical malpractice.

Disabilities

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.

Comparative Negligence

Modified comparative negligence rule. Numerous specific rules apply and should be consulted based on amount of recovery.

Municipalities

Statute of Limitations: 1 year, including Wrongful Death

Sovereign Immunity

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.

Damages

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.

Punitive Damages

Plaintiff must show reasonable likelihood of proving facts at trial of willful or wanton standard. No punitive damages unless actual damages recovered.

Caps: None

Miscellaneous

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
http://www.ag.state.il.us/consumers/
(312)814-3000 ( Chicago)
(217)782-1090 ( Springfield)
(618)529-6400/6401 ( Carbondale)

Contact Us:
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com

NOTE: Parker & Waichman, LLP has made every effort to provide accurate, up-to-date information. However, statutes in each jurisdiction may be amended, repealed, modified, or otherwise changed at any time by the legislature of that jurisdiction. In addition, the courts of each state may clarify statutes or declare them unconstitutional. The United States Supreme Court may also declare state statutes unconstitutional under certain circumstances. All of these possibilities, and more, create the potential for any of the information provided herein to change, without notice, at any time. As a result, the information on this website should be used as a general reference and for comparison purposes only and should not take the place of a timely consultation with an attorney. You may also want to consult the local Bar Association in the state or jurisdiction in which you plan to pursue a legal action. For a free and confidential consultation with one of our attorneys, please click here to fill out a short form.

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