Illinois Statute of Limitations: Time Limits for Lawsuits

Here’s what’s to know about when you have to file a lawsuit so you don’t miss your chance

The “statute of limitations” is the legal term for—in simple words—a deadline. The statute of limitations is the time you have to file a lawsuit. It’s that simple. However, what’s not simple is that each state has its own laws for statutes of limitations, and statutes of limitations vary based on the type of lawsuit.

Why does Illinois have statutes of limitations?

Statutes of limitations are designed to protect fairness in legal proceedings. The intent is to ensure that cases are presented to the court while evidence is fresh and reliable. Criminal and civil statutes of limitations are different, but the principle is the same. The court needs to hear evidence and testimony while people’s memories are intact, before documents or other physical evidence is lost, and while parties are still available. Witnesses are humans—our memories don’t last forever, and tangible evidence fades in various ways. The court seeks to put accuracy and truthfulness first; this benefits all parties involved in a lawsuit. 

The other intent of statutes of limitations is to protect a potential defendant from the perpetual threat of civil claims. The law allows a plaintiff ample time to file a lawsuit, but also provides closure for a defendant by giving a finite period in which to do so.

Illinois statutes of limitations

An Illinois personal injury claim has a two-year statute of limitations. In other words, a potential plaintiff typically has two years from the date of the injury to file a lawsuit. A property damage claim has a five-year statute of limitations. 

There are some differences depending on the type of civil lawsuit, though.

Personal injury: Two years from the date of the injury. This is also the statute of limitations for a wrongful death lawsuit. 

Property damage: Five years from the date the damage occurred. 

Product liability claims: These are generally two years from the date of the injury, but they could be 10 years from the date of the first sale, lease, or delivery of the product to the initial user. There are several exceptions in this instance, so you should consult an Illinois attorney if you’re considering a product liability lawsuit involving a product that’s more than two years old. 

Premises liability claims: The statute of limitations on a premises liability claim is generally two years. This includes dog bites, slip-and-fall accidents, injuries caused by inadequate maintenance or security, or any other claim related to a hazardous property condition. 

Contract dispute: Five years from the date of an oral contract, ten years from the date of a written contract. 

Medical malpractice: Two years from the date the patient became aware of the injury, but no more than four years from the date the malpractice occurred. 

The Illinois Discovery Rule allows an exception to the statute of limitations so the plaintiff may file a lawsuit within a certain time after they discover the injury (or reasonably should have discovered it), but not the date of the injury itself. This can happen in medical malpractice claims because of illnesses or conditions that don’t immediately have symptoms, surgical mistakes, etc. This can apply in lawsuits other than medical malpractice, as well. 

Theft: Seven years from the date of the theft. 

Fraud: This can vary based on when the fraud was discovered. If the lawsuit involves concealment of a cause of action, the statute of limitations is five years; for fraud by a decedent (i.e. person who is deceased), the statute of limitations is two years. 

Legal (or non-medical professional) malpractice: Six years. 

Defamation: One year. 

Trespass: Five years.

Collection of rent: Four years.

Illinois statutes of limitations for lawsuits regarding minors

Illinois will allow a statute of limitations to “toll” if the injured person is a minor. That means the clock doesn’t begin to run until they turn 18; the injured person has two years from their 18th birthday in which to file a personal injury lawsuit. 

Tolling is also permitted when the injured person has a mental disability that prevents them from understanding their legal rights or pursuing a claim. If that happens, the statute of limitations period begins when the disability is no longer an impediment so the person may file a lawsuit within the legal time limit.

Another exception to a statute of limitations is if the defendant is out of state or can’t be located. The statute of limitations could be paused until they’re found or return to the state. The purpose of this law is to prevent a defendant from avoiding a lawsuit by intentionally hiding or leaving the state. This is a pause from the original date of the injury; the clock begins to run again when they’re found or return.

When do you need an Illinois personal injury lawyer?

It’s always best to pursue legal action as quickly as possible. This is mainly for the reasons why statutes of limitations exist—to maintain the integrity of the evidence. The longer you wait to pursue a claim, the more difficult it becomes to preserve evidence. 

Therefore, if you suspect you might need to file a civil lawsuit in Illinois, you should consult a personal injury attorney as soon as you can following your injury. Although statutes of limitations seem like a long time, the time goes fast—the legal process can be slow, attorneys are busy, and people can be hard to reach. Begin the process by consulting an Illinois attorney right away for the highest likelihood of a successful outcome.