statues
Consumer 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. |