Definitions

• A statute of limitations is a law that puts a time limit on when an individual may file a lawsuit. Statutes of limitations vary based on the type of claim and the state. Negligence is a legal cause of action asserting that an individual breached a duty of care to another and caused a loss or injury. Each person has a duty to act as a reasonable person would in a similar situation.
  
  

Effects

• The primary effect of a statute of limitations on negligence is to bar claims after the time limit set by the state of Illinois has passed. Regardless of the consequences of the negligent action, a plaintiff cannot sue for damages after the statute of limitations has expired.
  
  

Types

• Civil negligence is a cause of action that includes many different types of injuries. In Illinois, the law has no single cause of action for negligence. Instead, it defines statutes of limitations based on the type of loss the negligent action causes. Criminal negligence occurs when an individual breaches a duty of care to another and the result is a crime. For example, if a driver failed to act with reasonable care by running a red light, and a pedestrian was hit and killed, the driver could likely be charged with negligent homicide or involuntary manslaughter. In Illinois, the statute of limitations for criminal negligence varies depending on the type of crime committed.
  
  

Time Frame

• The time frame for statutes of limitations in Illinois varies based on the type of negligence. Personal injury that results from negligence has a statute of limitations of two years from the date of injury.
  
  Medical malpractice is a form of professional negligence. In Illinois, such negligence carries a statute of limitations of two years from the date when the patient knew or should have known of the injury caused by the negligence.
  
  Legal malpractice is also professional negligence and the statute of limitations is two years from the time the client knew or reasonably should have known of the loss caused by the attorney's negligence.
  
  Property damage caused by negligence has a statute of limitations of five years from the date the loss occurred. Negligent action that leads to a breach of contract has a statute of limitations of 10 years in Illinois. Negligently causing the death of another is described in the criminal code of Illinois as involuntary manslaughter. There is no statute of limitations for such a homicide. The state of Illinois may prosecute an individual for this crime at any time.
  
  

Considerations

• Illinois has specific provisions covering negligence claims by individuals who die before the expiration of the statute of limitations. In such a case, the representative of the deceased individual may bring the negligence claim within one year of the death of the injured party or within the remaining time under the statute of limitations, whichever is longer.