statuesConsumer
Fraud
Generally: 3 years.
815 ILCS 505/10a(e)
If an action is abased in whole or in part on
grounds of an action by the Attorney General
or State’s Attorney, the 3 year period shall
be suspended during the pendency of that action
and for 1 year thereafter.
Contracts
Oral: 5 years.
735 ILCS 5/13-205.
Written: 10 years. If any payment
or new promise to pay was made during that 10
year period, an action may be commenced 10 years
from the date of the new payment or promise.
735 ILCS 5/13-206.
Contract Sales: 4 years.
810 ILCS 5/2-725.
Conversion
Generally: 5 years.
735 ILCS 5/13-205
Drivers'
Licenses
Suspension and Revocation: The Secretary of
State may not suspend a driver’s license for
more than 1 year unless pursuant
to state law.
625 ILCS 5/6-208. Generally, a driver
can apply for reinstatement of his or her license
if the revocation was for a cause which
has been removed or after the expiration
of 1 year. Some conditions,
however, can boost the suspension up to
10 years. See the conditions
set forth in the statute.
Estates
Time to File Claims Against
An Estate: 6 months from the
date of the first publication of death, or
3 months from the date of mailing
or delivery of the notice of death, whichever
is later.
755 ILCS 5/18-3
Limitations on Claims Against Estate of Decedent:
See the conditions set forth in 755 ILCS 5/18-12.
In any event, all actions will be barred
2 years after the decedent’s
death, whether or not death notice has been
sent to creditors.
755 ILCS 5/18-12
Government/Police
Illinois State Actions:
1 year.
705 ILCS 505/22-1
Local Public Entities: 1 year.
745 ILCS 10/8-101
Income
Tax
Income Tax Refunds:
3 years from the date of the
return filed, or 1 year from
the date the tax was paid, whichever is later.
35 ILCS 5/911
Limitations on Notices of Deficiency: Generally,
within 3 years from the date
the return is filed, the Department of Revenue
must give notice of deficiency.
35 ILCS 5/905
Decedent: Notice must be given 18 months
after the administrator or executor has filed
a request for prompt determination of liability
and no more than 3 years after
the return.
35 ILCS 5/905
OTHER CONDITIONS MAY APPLY.
See
35 ILCS 5/905
Legal Malpractice
Generally: 2 years
after knowledge of injury (or should have known),
BUT in no event can the action be commenced
more than 6 years from the
date on which the injury occurred.
735 ILCS 5/13-214.3
Death: When the injury does not occur until
the death of the recipient of legal services,
the action may be commenced within 2
years of death.
Legal disability (including minority age): Statute
does not run until the disability has been removed.
Medical Malpractice
Generally: 2 years
after knowledge of injury (or should have known),
BUT in no event can the action be commenced
more than 4 years from the
date on which the injury occurred.
735 ILCS 5/13-212
Minors: 8 years from the date
of the injurious act, BUT in no event may the
action be brought after the person’s
22nd birthday.
Fraudulent Concealment: 5 years
from the time of discovery of the cause of action.
Disability (other than age): Statute of limitations
does not begin to run until after the disability
has been removed.
Paternity
Action By or on Behalf of
Child: Action must be brought no later than
2 years after the child reaches
the age of majority.
750 ILCS 45/8
Action to Declare Non-Existence of Parent/Child
Relationship: Must be filed within 2
years after petitioner obtains knowledge
of relevant facts.
Action by party alleging to be natural parent
of child: See Family Law,
Illinois Laws About Minors, Limitations.
Personal Injury
Generally: 2 years.
735 ILCS 5/13-202
Products Liability
Generally: 12 years
from the date of first sale, or 10 years
from the date of the first sale to initial user,
whichever expires earlier.
735 ILCS 5/13-213(b)
Property Damage
Personal: 5 years.
735 ILCS 5/13-205
Real: 5 years.
Public
Aid
Redemption: 12 months
from the filing date of the certificate of the
sale (whenever real estate is sold at judicial
or judgment sale, and the lien is in the favor
of the Department of Public Aid).
305 ILCS 5/3-10.2, 10.9
Notice of Lien: When the state creates a lien
on real property under the Public Aid Code,
the lien shall be enforceable for 5
years from the date of recording or
filing of the notice of lien. The lien may be
extended for another 5 years if a recording
of a new lien is filed before the expiration
of the old lien.
Redemption
From Foreclosure on Real
Estate:
Residential: Redemption period ends on the later
of (A) 7 months from the date
the mortgagor has been served with summons or
by publication or has otherwise submitted to
the jurisdiction of the court, OR (B)
3 months from the date of entry
of a judgment of foreclosure.
735 ILCS 5/15-1603
Other: Redemption period ends on the later of
(A) 6 months from the date
the mortgagor has been served with summons or
by publication or has otherwise submitted to
the jurisdiction of the court, OR (B)
3 months from the date of entry
of a judgment of foreclosure. (Other conditions
might apply. See 735 ILCS 5/15-1603).
735 ILCS 5/15-1603
From Judicial sale: 6 months.
735 ILCS 5/12-122
From Creditors: 6 months.
735 ILCS 5/12-137
Unemployment Compensation
Generally: 4 years after
the last day of the month immediately following
the calendar quarter that the wages upon which
the contributions accrued were paid.
820 ILCS 405/2207
Will Contests
Within 6 months
from the admission of the will to probate. All
representatives (if any), heirs and legatees
must be made parties.
755 ILCS 5/8-1
Workers'
Compensation
Type of injuries covered:
Deaths and injuries/illnesses that result in
a loss of more than 3 scheduled work days.
820 ILCS 305/6
Formal notice of injury should be given to employer
as soon as possible but not later than
45 days after injury.
Radiation and asbestos injuries and deaths have
extended limitations periods.
Other Injuries: 3 years after
date of injury, or 2 years
from the date of the last payment of compensation.
Other deaths: 3 years, if no
compensation was paid, or 2 years
after the last compensation payment, whichever
is later.
Rights of Survivors: If injury caused by radiation
exposure causes death within 25 years
of the last day of the employee’s exposure,
the applicant has 3 years after
the date of death if no compensation has been
paid, or 2 years after the
last compensation payment, if any, whichever
shall be later.
Workers' Occupational Diseases
Generally: 2 years
of the last day of exposure to hazards.
820 ILCS 310/1
Diseases Caused by Berylliosis, Silica, or Asbestos
Dust: 3 years.
Diseases Caused by Radiation:
25 years.
Wrongful Death
Generally: 2 years
of death.
740 ILCS 180/2
Children: Able to sue 2 years
after reaching the age of majority.
Crime Victims: If an action against a defendant
arises from a crime committed by the defendant
in whose name an escrow account was established
under the "Criminal Victims Escrow Account Act"
735 ILCS 145/1 et seq., the action must be commenced
within 2 years after the establishment
of such an account.
*Nothing contained herein is legal advice,
nor should it be relied upon as such.
Legal advice is the application of general legal
principles to the specific facts of a given
situation – if you need legal advice, call one
of our attorneys today.
|