"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:
- The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
- Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
Below are the statutes of limitations in Illinois for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at anytime, so be sure to check the current laws and read them carefully, or talk to an attorney if you have any questions.
Civil
Note: Most of the civil statutes of limitations are in 735 Ill. Comp. Stat. 5/Art. XIII of the Illinois Compiled Statutes or "code." You need to scroll through the page provided to see the code sections noted below. Also, you can scroll through the laws to find the statute of limitations for civil claims or "causes of action" not listed below.
Description |
Statute
|
Assault and Battery, 2 years |
735 Ill. Comp. Stat. 5/13-202 |
Contract (in writing), 10 years |
735 Ill. Comp. Stat. 5/13-206 |
Contract (oral or not in writing), 5 years |
735 Ill. Comp. Stat. 5/13-205 |
False Imprisonment, 2 years |
735 Ill. Comp. Stat. 5/13-202 |
Fraud, 5 years |
735 Ill. Comp. Stat. 5/13-205 |
Enforcing Court Judgments, 20 years |
735 Ill. Comp. Stat. 5/13-218 |
Legal Malpractice, 2 or 6 years (Depending on when the victim "discovered" the malpractice) |
735 Ill. Comp. Stat. 5/13-214.3 |
Libel, 1 year |
735 Ill. Comp. Stat. 5/13-201 |
Medical Malpractice, 2 years |
735 Ill. Comp. Stat. 5/13-212 |
Personal Injury, 2 years |
735 Ill. Comp. Stat. 5/13-202 |
Product Liability, 2 years |
735 Ill. Comp. Stat. 5/13-213(d) |
Property Damage, 5 years |
735 Ill. Comp. Stat. 5/13-205 |
Slander, 1 year |
735 Ill. Comp. Stat. 5/13-201 |
Trespass, 5 years |
735 Ill. Comp. Stat. 5/13-205 |
Wrongful Death, 2 years |
740 Ill. Comp. Stat. 180/2 |
Criminal
Note: Most of the Illinois criminal statutes of limitations are in 720 Ill. Comp. Stat. 5/3-5. You need to scroll through the page provided to see this code section. Also, you can scroll through the criminal laws (found in Title 3 of the Criminal Code) to find crimes not listed below, and then use 720 Ill. Comp. Stat. 5/3-5 to find the statutes of limitations for those crimes.
Description |
Statute
|
Arson, No time limit |
720 Ill. Comp. Stat. 5/3-5(a) |
Assault, 3 years or 18 months (Depending on the facts of the case) |
720 Ill. Comp. Stat. 5/3-5(b) |
Burglary, 3 years |
720 Ill. Comp. Stat. 5/3-5(b) |
Disorderly Conduct, 3 years or 18 months (Depending on the facts of the case) |
720 Ill. Comp. Stat. 5/3-5(b) |
Kidnapping, 3 years |
720 Ill. Comp. Stat. 5/3-5(b) |
Manslaughter, involuntary, No time limit |
720 Ill. Comp. Stat. 5/3-5(a) |
Murder, No time limit |
720 Ill. Comp. Stat. 5/3-5(a) |
Rape, No time limit or 3 years (Depending on the facts of the case) |
720 Ill. Comp. Stat. 5/3-5(a) or (b) |
Receiving Stolen Property, 3 years or 18 months (Depending on the facts of the case) |
720 Ill. Comp. Stat. 5/3-5(b) |
Robbery, 3 years |
720 Ill. Comp. Stat. 5/3-5(b) |
Theft, 3 years or 18 months (Depending on the facts of the case) |
720 Ill. Comp. Stat. 5/3-5(b) |