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ILLINOIS

Negligence / Personal Injury

2 Years with Modified Discovery Rule (knew or should have known injury was wrongfully caused even if plaintiff did not know it was actionable).

Wrongful Death

2 years from date of death, except for fraudulent concealment which is 5 years from date of claim

Medical Malpractice

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 22nd birthday.

Malpractice (Other Professions)

2 years for legal with Discovery Rule. SOR: 6 years

Products Liability

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.
No punitive damages in product liability action if conduct of manufacturer, seller, or reseller that allegedly caused harm was in compliance with state or federal statutes or regulations promulgated by agency responsible for safety or use of product which regulation was in effect at time of alleged misconduct unless plaintiff proves by clear and convincing evidence that manufacturer or product seller intentionally withheld from or misrepresented to Congress, state legislature or agency material information regarding safety or use of product that would have or could have changed rule created.
In some instances, recoveries may be reduced to reflect certain collateral payments.

Intentional Torts

1 year for libel and slander. 2 years for all others

Fraud

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. 

Municipal Liability/Sovereign Immunity

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.

Discovery Rule

See specific rules above for products liability and medical malpractice.

Comparative Negligence

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

Charitable Immunity

Abolished

Disabilities

For infancy (18th birthday), incompetence, and imprisonment, 2 years from removal of disability except in medical malpractice and other actions where specific statutes must be consulted. SOL does not run during absence or concealment of defendant.

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.
(Recovery in wrongful death action is without dollar limitation if death occurred on or after Aug. 8th, 1967. Jury determines amount of damages without regard to and with no special instructions as to statutory limit on recovery for deaths after 1967. Amount of damages shall be reduced or barred because of contributory fault of decedent or beneficiary as to actions accruing on or after 3/9/95. Recovery in tort actions other than those involving operation of State vehicle against State is limited to $100,000.
Recovery against State for time unjustly served in prison is limited to various amounts up to $35,000 plus cost of living adjustment, depending on length of imprisonment, except court of claims shall make adjustment in maximum award to reflect increase in cost of living after Dec. 31, 1996 but no annual increase greater than 5% and attorney’s fees not to exceed 25% of award granted. Recovery under Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Fireman Compensation Act limited to $10,000 if death occurred prior to Jan. 1 1974. (Other limitations apply)

Punitive Damages

Plaintiff must show reasonable likelihood of proving facts at trial of willful or wanton standard.  No punitive damages unless actual damages recovered. Certain statutes prohibit award of exemplary damages.
Caps: 3 times economic damages but declared unconstitutional.

Other Relevant Information

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/
(800)386-5438 (Chicago)
(800)243-0618 (Springfield)
(800)243-0607 (Carbondale)
Spanish Speaking Language Toll-Free Hotline: (866)310-8398