Hurt, wronged, or owed money
THINKING ABOUT SUING
What Illinois law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing for a personal injury
- From
- The cause of action accruing
An action for an injury to the person, false imprisonment or malicious prosecution is started within 2 years after the cause of action accrued.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
5 years
Suing over property or an unwritten contract
- From
- The cause of action accruing
An action on an unwritten contract, for damage to property, and every civil action not otherwise provided for is started within 5 years after the cause of action accrued.
A written contract
A signed agreement, a lease, a written estimate or invoice.
10 years
Suing on a written contract or lease
- From
- The cause of action accruing
An action on a written contract, written lease, promissory note, or under the Wage Payment and Collection Act is started within 10 years after the cause of action accrued.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
5 years
Suing over property or an unwritten contract
- From
- The cause of action accruing
An action on an unwritten contract, for damage to property, and every civil action not otherwise provided for is started within 5 years after the cause of action accrued.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Illinois guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
1 year
Suing a local government
- From
- The injury, or the cause of action accruing
No civil action may be started against a local public entity or its employees for an injury unless it is started within one year, apart from patient care claims.
Step 2
1 year
Notice of a personal injury claim against the State
- From
- The injury, or the cause of action accruing
Anyone about to sue the State in the Court of Claims for a personal injury files a notice in the office of the Attorney General and with the Clerk of the Court of Claims within 1 year.
SMALL CLAIMS COURT
The Illinois guide does not have a page on small claims yet, so its limit is not stated here.
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Illinois attorney.