Selected Statutes of Limitations

Selected Statutes of Limitations

Last updated: April 2012

Consumer Fraud
Common Law Fraud
Contracts
Conversion
Drivers’ Licenses
Employment Discrimination
Estates
Family Medical Leave Act
Government/Police
Income Tax
Legal Malpractice
Medical Malpractice
Paternity
Personal Injury
Products Liability
Property Damage
Public Aid
Redemption
Unemployment Compensation
Will Contests
Workers’ Compensation
Workers’ Occupational Diseases
Wrongful Death

Consumer Fraud

Generally: 3 years815 ILCS 505/10a(e).
If an action is based 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.

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Common Law Fraud

Generally: 5 years735 ILCS 5/13-205.

Note: These limitation periods may not apply to counterclaims or to set-offs filed in a pending matter. 735 ILCS 5/13-207.

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Contracts

Oral (other than claims for breach of sales agreements under the Uniform Commercial Code): 5 years735 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.

Claims for breach of sales agreements under the Uniform Commercial Code: 4 years810 ILCS 5/2-725. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

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Conversion

Generally: 5 years735 ILCS 5/13-205.

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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.

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Employment Discrimination

A charge of discrimination must be filed within 180 days of the event giving rise to the claim if it is filed with the Chicago Commission on Human Relations, the Cook County Commission on Human Relations or the Illinois Department of Human Rights. A charge of discrimination must be filed within 300 days of the event giving rise to the claim if it is filed with the Equal Employment Opportunity Commission.

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Estates

Time to File Claims Against an Estate: The representative of the estate must provide notice of the death of the decedent to each creditor whose name and address are known or are reasonably ascertainable; in these instances, claims may be filed 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.

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Family Medical Leave Act

2 years from the date of the last event constituting the alleged violation of law. 29 U.S.C. 2617(c)(1).

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Government/Police

Illinois State Actions: 1 year705 ILCS 505/22-1. Claimants must file a statement with the Illinois Attorney General and the Court of Claims containing the name and residence of the person injured, the date, time and place of the accident, a brief description of the accident, and the name of the attending physician, if any.

Local Public Entities: 1 year745 ILCS 10/8-101.

Chicago Transit Authority: 1 year and within 6 months from the date of the cause of action, notice must be given to the Secretary of the Chicago Transit Board and the Office of the General Counsel for the Authority of the name and residence of the person injured, the date, time and place of the injury, a brief description of the events causing the injury and the name of the attending physician, if any. 70 ILCS 3605/41.

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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.

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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.

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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.

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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.

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Personal Injury

Generally: 2 years. 735 ILCS 5/13-202.

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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).

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Property Damage

Personal: 5 years735 ILCS 5/13-205.
Real: 5 years.

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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.

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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.)

From Judicial sale: 6 months735 ILCS 5/12-122.

From Creditors: 6 months after the date of the original sale. 735 ILCS 5/12-137.

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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.

Appeal from the claims adjudicator's decision to the referee: 30 days. 56 Ill. Admin. Code 2720.200.

Appeal from the referee's decision to the Board of Review: 30 days. 56 Ill. Admin. Code 2720.300.

Appeal from the Board of Review decision to the trial court: 35 days735 ILCS 5/3-103.

Appeal from the trial court to the Illinois Appellate Court: 30 days. ILCS S. Ct. Rule 303.

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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.

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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 if no compensation was paid, or 2 years from the date of the last payment of compensation.

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.

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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.

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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" 725 ILCS 145/1 et seq., the action must be commenced within 2 years after the establishment of such an account.

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