What is statute of limitations? A statute of limitation is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated. Every state has its own statute of limitations.
Illinois statutes of limitations
- For negligence – 2 years
- For medical malpractice – 2 years from date of injury
- For product negligence – 2 years after suffering injury
- For wrongful death – 2 years of (D.O.D)
- For survival – 2 years
Illinois cap on damage awards
For Medical Malpractice
There is no cap on economic damages. Non-economic damages are limited to $500,000.00 against individual doctors and $1,000,000.00 against hospitals. Punitive damages are not allowed in Illinois medical malpractice lawsuits
For Product Liability
Statutory caps on noneconomic damages are unconstitutional. The recovery of punitive damages is permitted in certain products liability cases. Townsend ex rel. Townsend v. Sears, Roebuck and Co, 858 N.E.2d 552
For Pharmaceutical Cases
Same as product liability
Illinois caps on attorney awards -- § 2-1114. Contingent fees for attorneys in medical malpractice actions; (a) in all medical malpractice actions the total contingent fee for plaintiff's attorney or attorneys shall not exceed the following amounts: 33 1/3 % of the first $150,000 of the sum recovered;
25% of the next $850,000 of the sum recovered; and
20% of any amount recovered over $1,000,000 of the sum recovered.
(b) For purposes of determining any lump sum contingent fee, any future damages recoverable by the plaintiff in periodic installments shall be reduced to a lump sum value.
(c) The court may review contingent fee agreements for fairness. In special circumstances, where an attorney performs extraordinary services involving more than usual participation in time and effort the attorney may apply to the court for approval of additional compensation.
(d) As used in this Section, "contingent fee basis" includes any fee arrangement under which the compensation is to be determined in whole or in part on the result obtained.
Illinois minor tolling- In medical malpractice or wrongful death cases, the minor’s age at the time of injury will determine when suit must be filed. In other cases, a person has two years after his or her 18th birthday to file an action
Local Trial Lawyers
Illinois Trial Lawyers Association
401 W. Edwards Street
PO Box 5000
Springfield, IL 62704
125 E. Monroe St.
P.O. Box 19461
Springfield, IL 62794-9461