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Negligence / Personal Injury
2 Years2 Years with Modified Discovery Rule (knew or should have known injury was wrongfully caused even if plaintiff did not know it was actionable).
Products Liability
SOL: 2 Years. If injury occurred within 10-12 year period, 2 year discovery rule applies. Maximum 8 years for injury or death.
SOR: 12 years from sale or 10 years from delivery to first owner, whichever occurred first.
Wrongful Death
2 Years2 years from date of death, except for fraudulent concealment which is 5 years from date of claim
Medical, Dental, Nursing, and Hospital Malpractice
2 Years2 years with Discovery Rule, no action may be commenced after 4 years from act or omission causing injury unless concealment by defendant.
Tolls: If plaintiff is under 18, action must be brought within 8 years after date or omission causing injury and never after 22nd birthday.
Legal Malpractice
2 years with Discovery Rule, maximum 6 years
Intentional Tortse
SOL: 1 year – libel and slander
SOL: 2 years – All others
Fraud of Defendant
If person fraudulently conceals action against himself from person entitled to assert that action then action may be commenced within 5 years from time potential plaintiff discovered cause of action.
Discovery Rule
See specific rules above for products liability and medical malpractice.
Disabilities
For infancy (18th birthday), incompetence, and imprisonment, 2 years from removal of disability except in medical malpractice and other actions where specific statutes must be consulted.
Comparative Negligence
Modified comparative negligence rule. Numerous specific rules apply and should be consulted based on amount of recovery.
Municipalities
1 Year1 year, including Wrongful Death
Sovereign Immunity
State has adopted an immunity statute governing when actions against the state or its political subdivisions are permitted. In certain municipal actions, notices of claim are required.
Damages
Illinois has a comprehensive scheme of statutes controlling damage recoveries that is based upon a number of variables such as the type of action, amount of the award, and date of occurrence.
Punitive Damages
Plaintiff must show reasonable likelihood of proving facts at trial of willful or wanton standard. No punitive damages unless actual damages recovered.
Caps: None
Miscellaneous
In Illinois there may also be a claim under the Illinois Survival Act (conscious pain and suffering) and a Special Administrator may not bring that claim. An “Administrator” will have to be appointed to bring both claims. A Special Administrator may bring only the death claim.
Consumer Fraud Complaint
Illinois Consumer Fraud Bureau
(312)814-3000 (Chicago)
(217)782-1090 (Springfield)
(618)529-6400/6401 (Carbondale) |
