12 Useful Illinois Statute of Limitations for Personal Injury and More

Rate this post

Contents

Illinois Statute of Limitations

Generally, an Illinois statute of limitations is a law that determines how long you have to file a lawsuit after an injury or death. The period begins when injury or death occurs. For example, if you are injured in an auto accident and don’t find out until six months later, but decide to sue the other driver for negligence, then you must file your lawsuit within two years from when the injury occurred (i.e., within two years of learning about it).

However, if the Illinois statute of limitations has expired before you can file your lawsuit then it won’t be accepted by the court and there’s nothing you can do to bring it back into effect—even if new evidence comes out or someone confesses their guilt right before they die! This means that failure to act quickly after being injured can result in losing your right to compensation forever!

To make matters even worse: some types of injuries may not have any statutes at all because they’re so complex or unique (such as those caused by faulty drugs). That’s why we’ve put together this guide on how long each type must be reported within Illinois law so that no one misses their chance at seeking damages for these types of incidents ever again!

Illinois Statute of Limitations for Personal Injury

Illinois Statutes
750 ILCS 5/13-202. Limitation of action; personal injury or wrongful death; exceptions to the application of the 2-year rule; waiver by agreement; effect of exclusive remedy provisions
(a) An action to recover damages for injuries to the person, including any such action based on an alleged defective product, or for wrongful death, shall be commenced within two years after the cause of action accrues or be barred. This provision applies to all causes of action arising out of negligence, except those described in this Section and Sections 10-102 through 10-109, inclusive (the “Section 13-202 exceptions”).

(b) The following actions shall be commenced within one year after accrual: (1) An action against any governmental entity that is not brought under subsection (c), unless otherwise provided by statute or ordinance applicable only within a county with a population over 3 million persons; (2) An action for professional malpractice in which the plaintiff fails to give 30 days prior written notice as provided in 735 ILCS 5/2-612(b); and (3) Any proceeding involving title insurance where there has been no material change in ownership since issuance of the policy.

(c) The following actions shall be commenced within two years after accrual: (1) An action against any governmental entity that is brought under subsection (a-5);

Illinois Statute of Limitations for Product Liability

Product Liability: Three years.
The Illinois Statute of Limitations for product liability claims is three years from the date that the victim knew or should have known of the injury, or when the injury was first discovered. If a person becomes aware of an injury after that point, then they have three years to file their claim. The statute is not tolled because of a minor age at the time of injury; therefore, if a minor suffers injuries due to a defective product, they have until their eighteenth birthday on which time they may seek relief against all liable parties in court.

The Illinois statute of limitations begins to run when the victim is injured. If you were injured in an accident that was caused by a defective product, then it’s important to contact an attorney as soon as possible so they can help you file your claim before time runs out on the three-year statute.
The Illinois statute of limitations for product liability claims is three years from the date that the victim knew or should have known of the injury, or when the injury was first discovered. If a person becomes aware of an injury after that point, then they have three years to file their claim.

Illinois Statute of Limitations for Wrongful Death

The Illinois statute of limitations for wrongful death is two years. Once the two-year limit expires, you cannot file a lawsuit. If you miss this deadline, your case will be dismissed by the court and you will not be able to recover damages on behalf of your loved one.

Filing a Wrongful Death Lawsuit:
You must file a complaint within two years from the date that your loved one died.
What are the time limits for filing my case?
There are time limits for filing each type of lawsuit:
Real estate disputes: three years after transfer or recording (whichever occurs later)
Contracts less than $25,000: four years from breach or last payment due under the contract
Contracts over $25,000 but less than $100,000: six years from breach or last payment due under the contract (except real estate)
Contracts over $100K but less than $1 million: eight years from breach or last payment due under the contract (except real estate)

The statute of limitations for personal injury is two years. This means that you have two years from the time of the accident (or when you became aware of it) to file suit against whoever caused your injuries. If you don’t file within the two-year limit, then your claim will be forever barred.

Illinois Statute of Limitations for Libel Or Slander

If you’ve been the victim of libel or slander, you may bring a claim within one year from the time of publication. In other words, if someone has been spreading lies about you and they’ve done it in writing (newspaper, magazine article), on social media (Facebook post or tweet), or verbally (on television or radio), then you’ll have one year from that time to file suit against them.

The Illinois statute of limitations for libel/slander is the same as another type of civil claim: personal injury. As well as medical malpractice claims—these three types all have similar statutes of limitations in Illinois.

The Illinois statute of limitations for personal injury claims is also one year. This means that if you’ve been injured in a car accident and want to sue the driver who caused it, then you will have one year from the date of the accident to file suit against them. The same goes for medical malpractice: If your doctor did something wrong while treating you (such as leave a foreign object inside your body), then

Illinois Statute of Limitations for Fraud

Fraud Statute of Limitations: 3 years
In Illinois, if you’ve been defrauded by someone or a company, you have three (3) years from the date of discovery to file a lawsuit. This is known as the Illinois statute of limitations for fraud. Contracts over $1 million but less than $5 million: 10 years from breach or last payment due under the contract (except real estate) Contracts over $5 million: 12 years from breach or last payment due under the contract (except real estate statute of limitations for fraud in Illinois is three (3) years. This means you have three years from the date the fraud was committed to file a lawsuit against the person or company who defrauded you.)

Another way to get around the three-year rule is if your injury is a result of medical malpractice. In this case, you have two years from when the injury occurred (when the doctor did something wrong) to file a claim against themThe statute of limitations for fraud in Illinois is three (3) years. This means you have three years from the date the fraud was committed to file a lawsuit against the person or company who defrauded you.).

Illinois Statute of Limitations for Property Damage

The Illinois statute of limitations for property damage is three years. This means that if you’re injured by someone’s negligence, or if you suffer a loss because of someone else’s negligence, you have three years to file a claim against them.

The statute does not start running until the injury has occurred and it has been discovered. For example, James gets into a car accident in early March but doesn’t realize he had whiplash until the end of the month when his doctor tells him he needs to rest more before returning to work. The statute begins when he discovers his injuries—at the end of March—not at the time they happened (early March).

If you miss the three-year deadline, you cannot sue. However, there are a few exceptions to this rule. One of them is if there is fraud or concealment involved in your case—such as when your employer tells you that they don’t have any record of an injury you suffered at work and later decides to put something in their files about it.

Illinois Statute of Limitations for Medical Malpractice

You have a limited amount of time to file a medical malpractice claim. The statute of limitations for filing a claim in Illinois is currently two years from the date of injury. (This can vary depending on what kind of injury you’re claiming.) If you wait too long to sue, your case could be thrown out because it’s “time-barred.”

If you have been the victim of legal malpractice, you may be entitled to compensation for your losses. Legal malpractice generally refers to the wrongful acts committed by a lawyer that results in injury or damage to their client you’re thinking about filing a medical malpractice claim, it’s important to understand the statute of limitations. The following overview will help you better understand how this law works in Illinois.

Illinois Statute of Limitations for Legal Malpractice

If you have suffered from legal malpractice, you may be entitled to compensation for your losses. Legal malpractice generally refers to the wrongful acts committed by a lawyer that results in injury or damage to their client. Legal malpractice can occur at any point during representation, including:

Before you even hire the lawyer (such as failing to tell you about similar cases where their recommendation would not have been appropriate).
During representation itself (such as making an error in filing documents).
After representation has ended but before resolution of your case (such as causing an appeal to be denied due to failure of counsel).

Illinois Statute of Limitations for Trespassing

The Illinois Statute of Limitations for Trespassing is three years. This means that if you are being sued for trespass, your case must be filed in court within three years of the incident. If you wait longer than that time frame to file your case and the judge rules against you, then it will be too late to sue for trespass because it has already passed into history.

The same goes for other types of personal injury cases like assault and battery cases; if you wait too long after an incident occurs before filing a lawsuit about it, then any legal action will not be allowed because it’s already been out of bounds for so long.

Illinois Statute of Limitations for Breach Of Contract

The Illinois Statute of Limitations for Breach of Contract is 4 years. If you have been the victim of trespass, assault, or battery in the Chicago area, it is important to consult with an attorney who can help you understand what your legal options are. If you have been wrongfully accused of these crimes or another type of personal injury case and are facing criminal charges or a lawsuit, then it is equally important that you seek legal counsel immediately.

If you have been charged with false imprisonment in Illinois, then you will need an experienced criminal defense attorney. A good lawyer can help you build a solid case and explain your rights in court.

Illinois Statute of Limitations for False Imprisonment

You have two years to file a lawsuit for false imprisonment in Illinois.
To sue for false imprisonment in Illinois, you must prove that your confinement was unlawful and not justified by law. This means that the person or entity that held you captive had no right to do so or used excessive force during your detention.
It is possible to defend yourself against a false imprisonment claim by showing proof of consent (i.e., the person was a voluntary participant). Additionally, if the restraint was reasonably necessary for self-defense or protecting others from immediate harm, then it’s not considered unlawful confinement under the law.*

If any of these defenses apply to your case and can be proven through evidence such as emails or witness testimony, then this may help lead to dismissal from criminal charges.

Assault and battery are crimes where an individual threatens another person or physically attacks them without their consent. There are two types of assault and battery: simple assault and aggravated assault. Simple assault is the lowest level of assault and battery, while aggravated assault is more serious you were falsely imprisoned in Illinois, then it is possible that your case could be dismissed. But before you get your hopes up too high, you should know that this is not a common occurrence. It’s typically only seen when the prosecution doesn’t have enough evidence to prove its case beyond a reasonable doubt.

If you are facing criminal charges, it is essential to retain an experienced legal professional who can help you fight your case. The Law Office of Jason A. Karp has over 20 years of experience helping clients with criminal cases in Illinois and can provide you with the guidance and representation that you need to protect your rights.

Illinois Statute of Limitations for Assault and Battery

Assault and battery is a misdemeanor, civil suit, criminal charge, and/or felony depending on the situation.
The statute of limitations for breach of contract in Illinois is four years. This means that if you have been wronged by a party who breached a contract, you must file suit within the next four years to preserve your rights. If you miss this deadline, then you could lose any legal claim against them.

The statute of limitations for criminal charges is different from the statute of limitations on civil suits. The statute of limitations for a criminal charge is based on the crime and varies from case to case. It can be as little as one year or as much as 20 years depending on the type of crime and other factors.
The statute of limitations for fraud is four years. If you are being accused of fraud, then you must file suit within the next four years to preserve your rights. If you miss this deadline, then you could lose any legal claim against them.

The statute of limitations for negligence is four years. If you are being accused of negligence, then you must file suit within the next four years to preserve your rights. If you miss this deadline, then you could lose any legal claim against them. The statute of limitations for trespass is two years.

Conclusion

The statute of limitations for personal injury cases in Illinois is two years. If you have been injured by someone else, it is important to contact a lawyer as soon as possible because this time limit may run out if you do not act quickly enough.