Illinois Civil Statute of Limitations Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 15, 2024
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Time is a critical factor when pursuing a lawsuit. To protect their rights, claimants must follow legal deadlines when filing their claims. Understanding these deadlines is a crucial part of civil procedure.
This article looks into the intricacies of the Illinois statute of limitations. It offers some of the most common civil actions, from personal injury lawsuits to contract disputes. It discusses the limitation period set by Illinois state law.
Understanding Illinois Civil Statute of Limitation
The statute of limitations serves a crucial purpose. It maintains the fairness and integrity of legal proceedings. It imposes deadlines for filing claims and ensures that the parties bring civil cases to the court while the evidence remains fresh and reliable. The timeliness of pursuing legal proceedings is crucial because it prevents scenarios where witnesses' recollections fade, or important documents get lost. This time limit applies to various cases, including civil and criminal cases.
The limitation period also protects defendants from the perpetual threat of civil claims. The balance between offering closure for defendants and providing opportunities for plaintiffs to seek justice is a crucial aspect of the civil justice system.
In general, Illinois civil statutes of limitations or statutes of repose are two years for the injured person and five years for injury to personal property.
Usually, the clock starts running when the plaintiff suffers an injury. But this is not always the case. Some statutes of limitations do not begin until the cause of action happens. This could be at the time of the injury or at the time of its discovery. "Discovery rule" allows an injured party to file the lawsuit within a certain time after discovering the injury or the time they reasonably should have discovered it.
There is also "tolling," where the statute of limitations temporarily stops running. It happens when certain circumstances prevent the claimant from asserting their rights, such as if the defendant is absent from the jurisdiction or the plaintiff is under legal disability.
The following table contains some of the state of Illinois's most common civil actions and their corresponding statutes of limitation.
| Personal injury | Two years (735 ILCS 5/13-202) |
|---|---|
| Defamation | One year (735 ILCS 5/13-201) |
| Fraud |
|
| Injury to personal property | Five years (735 ILCS 5/13-205) |
| Professional malpractice |
|
| Trespass | Five years (735 ILCS 5/13-205.) |
| Collection of rents | Four years (810 ILCS 5/2A-506) |
| Contracts |
|
| Collection of debt on account |
|
| Foreclosure of mortgage | 10 years (735 ILCS 5/13-115) |
| Judgments | 20 years (735 ILCS 5/13-218) |
Disclaimer: Laws are subject to change through various means, including higher court decisions and newly passed legislation. Consider conducting your legal research or contacting an attorney near you to verify the laws of your state.
Research Illinois Law
Review the following resources for more information about laws in Illinois, including those related to statutes of limitations:
- Illinois Law — links to all laws in the state, including those related to statutes of limitations.
- Official State Codes — links to the official online statutes (laws) in all 50 states and the District of Columbia.
Related Resources
Seek Legal Advice from an Illinois Attorney
Do not let the limitations period risk losing your right to seek justice. Reach out to an injury lawyer near you. They can help you plan the legal action to take and ensure you file your claim within the statute of limitations. A seasoned legal professional can guide you through the complexities of the statute of limitations law. Whether it is a personal injury case, product liability claim, or other legal matter, a litigation and appeals attorney can help you.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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