Illinois Statutes of Limitations

The statute of limitations is an important legal concept that sets a time limit on when a party can initiate a legal action. In Illinois, these limitation periods vary depending on the nature of the legal matter. This article provides an overview of the Illinois statute of limitations. Understanding these time periods is crucial as they can impact your chance to seek justice or defend your rights.

Understanding the Importance of Statute of Limitations

Statutes of limitation are the legal concept that governs how long a person can file a legal claim against another. These time limits apply to both civil and criminal cases. Some of the purposes of the statute of limitations are as follows:

• Preserve the integrity of pieces of evidence
• Protect the defendant from lingering legal action
• Encourage the parties to resolve legal disputes promptly

In Illinois, the statute of limitations depends on the nature of the legal claim. Understanding the statute of limitations that applies to your situation is very important if you plan to file a lawsuit or are involved in a criminal case.

Civil Statutes of Limitations

Civil statutes of limitations range from one to 20 years, with a two-year limit for personal injury claims. The following are some of the most common civil cases:

• Personal injury lawsuit: A two-year limitation period, beginning from the date of injury. This statute of limitations applies to slip and fall incidents, car accidents, and other cases where negligence caused injury or harm.
• Property damage: A five-year statute of limitations to claim damages to real estate or personal property
• Breach of written contract: 10 years to file a case for actions based on written contracts
• Medical malpractice claims: Illinois law provides a two-year statute of limitations from the date the victim knew or should have been aware of the injury or death
• Product liability: A two-year statute of limitations for product liability claims from awareness of the existence of injury
• Defamation: A one-year statute of limitations for defamation claims

Other civil actions that the plaintiff should commence within two years from when the cause of action accrues include the civil tort of false imprisonment, in which the injured person can sue for damages.

Special rules or exceptions may apply to these limits in certain circumstances. For instance, a “discovery rule” may extend the period in cases where the petitioner’s injury or its cause was not readily apparent.

Criminal Statute of Limitations

The statute of limitations for Illinois may vary depending on the severity of the crime committed. For instance, the time limit to prosecute a defendant for aggravated criminal sexual abuse is 10 years, but only 18 months for misdemeanors. The following are some of the most common criminal cases:

• Felonies: Three-year statute of limitations
• Murder: There is no statute of limitations for murder, as the victim or the prosecution can bring criminal charges for murder at any time
• Misdemeanor: Illinois law provides an 18-month statute of limitations for most misdemeanor charges, which begins to run from the date of the offense
• Sex crimes: The state of Illinois provides an extended period for sex crimes. For instance, for criminal sexual assault, the state law provides a 10- or 20-year statute of limitations. This applies if the victim was under 18 years old at the time of the criminal offense. For aggravated sexual abuse, the state law provides a 10- or 20-year statute of limitations if the victim is under 18 years old.
• Financial crimes: Illinois state law provides an extended statute of limitations for financial crimes. For instance, for theft of public funds, the prosecution has a five-year statute of limitations.

Special Considerations

Specific factors can affect the statute of limitations. For instance, the time limit may “toll” or pause in some cases. This can happen when the defendant is evading protection, out of state, or is a minor. Some offenses also have continuing violations. The statute of limitations may be extended for environmental violations.

For severe criminal felonies, the prosecution can bring the criminal case within 10 years after the date of the crime if DNA evidence is available. It can also do so within three years of establishing a possible suspect through a DNA profile, whichever is later.

Statute of Repose

A statute of repose prevents the prosecution or the injured person from filing a lawsuit in cases where the injury has not yet occurred. The statute of limitations period may start to run from the defendant’s action, regardless of the injury to the plaintiff.

Learn About Illinois Statutes of Limitations

• Illinois Civil Statute of Limitations Laws
• Illinois Criminal Statute of Limitations Laws
• Illinois Medical Malpractice: Statute of Limitations
• Illinois Statute of Limitations for Defective Products

Need Legal Advice About Statutes of Limitations in Illinois? Speak With an Attorney

If you believe you are facing a legal issue or have a legal action in Illinois, don’t let the time limit run out on your legal rights. The statute of limitations can impact your chance to seek justice or defend your rights. An attorney can help you understand your cause of action and ensure you file your legal claim within the limitation period. Whether you are in Chicago or Springfield, an Illinois attorney can help you.