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What Is the Statute of Limitations in Illinois?
In Illinois, the statute of limitations refers to the legal time limit one party has to file a suit or bring charges against another party in criminal and civil cases. These time frames are legally binding and determine how long one has to bring a case to trial in Illinois.
The statute of limitations is important for preserving the integrity of evidence, protecting the rights to fair trial of both parties involved, and ensuring cases are resolved promptly. Charges and Claims filed after their statute of limitations elapses may be dismissed despite the strength of the available evidence.
How Long Is the Statute of Limitations in Illinois?
The statute of limitations in Illinois varies depending on the case type, nature, severity, and the prevailing circumstances necessitating the legal proceeding. Civil claims like personal injury, product liability, and medical malpractice generally have a two-year limit for initiating a lawsuit. While defamation or property damage claims have time limits of one year and five years respectively. For criminal cases, felonies usually have a statute of limitations that ranges between three and 20 years, whereas misdemeanors are granted a time limit of eighteen months in most cases.
The table provided below contains a concise summary of the time limits for filing a lawsuit in Illinois.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Civil suits | One to ten years | Child victims may have extended time limits; up to twenty years from maturity. |
| Felonies | Three of twenty years | Some felonies like murder, arson, manslaughter, and sexual assaults have no statute of limitations |
| Infractions | Six months to one year | |
| Misdemeanors | Twelve to eighteen months |
What Crimes Have No Statute of Limitations in Illinois
Certain crimes are deemed so severe and serious that they can be prosecuted at any time in Illinois. These crimes do not have any statute of limitations prescribed by law, and charges/claims can be filed by a prosecutor or plaintiff irrespective of how many years have passed since the incident.
These crimes are not granted any time limits for filing a suit because their severity outweighs the need to preserve evidence or ensure prompt resolution of a case. Some common examples of crimes with no statute of limitations in Illinois include:
- Arson (including residential arson)
- Manslaughter (voluntary or involuntary)
- Murder (including attempted murder)
- Reckless homicide
- Treason
- Child pornography (or aggravated child pornography)
- Leaving the scene of an accident resulting in death or personal injury
- Aggravated DUI resulting in death
- Forgery
- Criminal sexual assaults
- Concealment of homicidal death
Criminal Statute of Limitations in Illinois
The criminal statute of limitations in Illinois ensures that criminal cases are prosecuted while the evidence is recent, dependable, and intact. Unless a crime falls into the no-limit category, any criminal case not filed within its statute of limitations may be dismissed in court. These statutes of limitations vary depending on the case type and crime severity
Generally, the misdemeanor statute of limitations in Illinois is eighteen months while the felony time limits in Illinois usually span from three years to seven years. Certain felonies, however, like murder, arson, and treason, do not have any statute of limitations for their prosecution. It may be possible to toll or pause a statute of limitations in Illinois if:
- The defendant flees the state
- The defendant's identity is unknown after proper investigation
- An indictment is entered by the grand jury in court
- The incident was not discovered until later
- The defendant is a serving public officer charged with misuse of public funds
- There is a pending prosecution against the defendant for the same crime
- A material witness is on leave or military duty
Examples of statute of limitations for various criminal cases are listed in the following table:
| Criminal Cases | Statute of Limitations |
|---|---|
| Misdemeanors | Eighteen months |
| Infractions | Six months to one year |
| General Felonies | Three years |
| Felonies listed in the statute: Arson Residential arson Manslaughter Murder Attempted murder Reckless homicide Treason Child pornography Leaving the scene of an accident resulting in death or personal injury Aggravated DUI resulting in death Forgery Criminal sexual assaults Concealment of homicidal death | None |
| Fraud such as: Property theft exceeding $100,000 Identity theft Aggravated Identity Theft Financial exploitation of a disabled or elderly person | Seven years |
Is There a Statute of Limitations on Attempted Murder?
No. According to Illinois Statutes Chapter 720 § 5/3-5, there is no statute of limitations for attempted murder in Illinois. There is no time limit to how long someone can be charged with attempted murder in Illinois. This means that just like for murder cases, a prosecutor may bring charges at any time against a defendant for attempted murder in Illinois.
Statute of Limitations on Sexual Assault in Illinois
The sexual assault statute of limitations in Illinois depends on:
- The victim's age at the time of the assault
- The presence of the offender's DNA profile in a DNA database
- The time the crime was discovered
- The severity of the crime
Generally, there is no rape reporting deadline in Illinois for criminal sexual assaults, aggravated sexual assaults of adults or minors, child pornography, and any other crime involving sexual conduct or sexual penetration of a minor (720 ILCS 5/3-5). This law is effective for sexual assault cases involving minors and adults especially in cases where the DNA profile of the offender was entered into a DNA database within ten years after the incident.
Under Illinois law, minors who were victims of sexual abuse have twenty years from their 18th birthday or when the crime was discovered to file sexual abuse claims in Illinois. Adult victims may file civil sexual abuse claims within three years from the incident date or ten years if they reported the case to the authorities three years from the incident date(720 ILCS 5/3-6). The statute of limitations clock may toll if:
- The defendant is not publicly resident in the state
- The defendant is a fugitive
- There is a pending prosecution against the defendant for a similar crime
- There is an indictment provided by the grand jury in court
Civil Statute of Limitations in Illinois
How long one has to sue in Illinois is regulated by the statute of limitations prescribed by state laws. The civil statute of limitations in Illinois seeks to provide a balance between achieving timely justice for the plaintiff and protecting the fundamental rights of the defendant. Plaintiffs must study the relevant civil lawsuit deadlines in Illinois before filing a lawsuit to avoid its dismissal.
Some of the civil statute of limitations in Illinois are provided below:
| Civil Lawsuit | Codified Statute of Limitations |
|---|---|
| Personal Injury | Two years (735 ILCS 5/13-202) |
| Fraud Concealment of a cause of action Fraud by a decedent | Five years (735 ILCS 5/13-215) Two years (735 ILCS 5/13-220) |
| Damage to Personal Property | Five years (735 ILCS 5/13-205) |
| Defamation | One year (735 ILCS 5/13-201) |
| Contract Enforcement Written Contracts Oral Contracts | Ten years (735 ILCS 5/13-206) Five years (735 ILCS 5/13-205) |
| Trespass on real property | Five years (735 ILCS 5/13-205.) |
| Debt Collection Written agreements Oral agreements | Ten years (735 ILCS 5/13-206) Five years (735 ILCS 5/13-205) |
| Collection of Rent | Four years (810 ILCS 5/2A-506) |
| Professional Malpractice Medical malpractice Legal malpractice | Two to Four years (§735 ILCS 5/13-212) Six years (735 ILCS 5/13-214.3) |
| Foreclosure on Mortgage | Ten years (735 ILCS 5/13-115) |
| Judgements | Twenty years (735 ILCS 5/13-218) |
Statute of Limitations for Medical Malpractice in Illinois
The medical malpractice statute of limitations in Illinois determines how long a patient has to file a claim against a medical practitioner. These time limits put a cap on how long one can sue a doctor in Illinois for damages caused by medical malpractice. According to §735 ILCS 5/13-212, the malpractice claim deadline in Illinois is two years from the incident date or date of discovery. However, a patient is only allowed to file a suit against a doctor within four years from the incident date, irrespective of whether it was discovered after the four years.
Certain factors may influence the statute of limitations for medical malpractice including:
- The patient's age at the time of the incident
- Fraudulent attempts to cover up the case by the defendant
- Presence of legal disabilities that may prevent a plaintiff from filing a suit
For child victims of medical malpractice, state laws allow them to file a civil suit eight years from the incident date but such claims must be filed before the victim's 22nd birthday.
Before filing a medical malpractice claim, Illinois laws require a plaintiff to obtain an affidavit of merit from an experienced health care professional in the relevant field. Upon receipt of the affidavit, the plaintiff must also serve a notice of intent to the defendant 60 days before filing a suit.
The following table contains common medical malpractices and their examples:
| Common Medical Malpractices | Case in point |
|---|---|
| Surgical Errors | Puncturing an organ or tissue Performing surgery on the wrong site Forgetting a foreign body or tool inside the patient |
| Pregnancy and Birth injury | Failure to perform a C-section or other life-saving procedures when necessary Mismanaging a delivery resulting in birth defects |
| Medication Errors | Prescribing drugs that cause allergic reactions or react negatively with other prescriptions Mislabeling prescriptions or prescribing wrong doses |
| Anesthesia Errors | Failure to administer anesthesia correctly Administering the wrong amount of anesthesia |
| Missed or Delayed Diagnosis | Late diagnosis despite the obvious symptoms Wrong diagnosis |
Statute of Limitations for Debt in Illinois
The debt statute of limitations in Illinois specifies the time frame within which a creditor may recover unpaid debts legally. How long can a debt be collected in Illinois depends on the type of debt, payment acknowledgement and nature of contract.
Illinois law generally allows a four to ten year period for debt collection of rent, auto loans, personal loans and credit card debts. Although there are specific statute of limitations for debt collection, unpaid credit card debts in Illinois will typically appear on the debtors credit report for a period of seven years from the date of last payment (according to the Fair Credit Report Act). In addition, acknowledging a debt or making a part payment will automatically reset the statute of limitations clock for the debt collection.
A table outlining the statute of limitations for various debts is provided below:
| Type of Debt | Statute of Limitations |
|---|---|
| Auto Loans | Four years |
| Credit Card Debts | Five years |
| Medical Bills | Ten years |
| Personal Loans | Four to ten years |
| Rent | Four years |
| Contracts | Four to ten years |
Statute of Limitations for Child Abuse and Child Support in Illinois
Under Illinois law, there is no child abuse statute of limitations for criminal sexual assaults and sexual crimes against minors. This means that a victim of any criminal sexual felony or assault may file charges at any time. However, for civil suits, a minor victim may file a claim within twenty years from their 18th birthday or from the date of discovery (735 ILCS 5/13-202.2).
There is a twenty years time frame for child support enforcement in Illinois. This means that although unpaid child support does not expire, the obligee has twenty years from the last due date to legally recover the arrears for child support. However, unpaid child support automatically registers as liens on real property owned by the obligor.