Act Now: Why Waiting Could Cost You

What are Statutes of Limitations? 

Statute of limitations provide a legal deadline in which a claim must be filed. If you do not file your claim timely, the statute of limitations can run out leaving you unable to seek prosecution. Understanding the statute of limitations is critical for a plaintiff wishing to pursue legal action.

Are Statutes of Limitations the same for all cases?

No. Not only are there variances based on the type of case, there are also variances depending on the state you would file in.

Illinois Statue of Limitations

Here are some of the variations, depending on the type of claim, in Illinois:

Type of Claim	Time Limit (In general)
Contracts	5 years (oral) 10 years (written)
Employment	180 days (Chicago/Cook) 2 years (EEOC) 2-3 years (workers' comp)
Fraud	3 years (consumer) 5 years (common law)
Medical Malpractice	2-4 years (8 years if a minor) For disability, SOL does not begin until disability has been removed.
Murder	No limit
Personal Injury	2 years
Products Liability	10 years
Property Damage	5 years
Sexual Abuse/Assault	No limit (potentially)
Wrongful Death	2 years

Exceptions and Special Circumstances

Statutes of limitations are strictly enforced, however there are some exceptions:

• Fraud or Concealment: If a defendant actively concealed their wrongdoing, the statute of limitations may be extended to ensure individuals cannot just "run out the clock."

  
  

• Tolling Provisions: In certain instances, statute of limitations may be "tolled" or paused. In instances where the plaintiff is a minor or a defendant is out of state, the deadlines may be delayed until conditions change.

Wisconsin Statue of Limitations

Here are some of the variations, depending on the type of claim, in Wisconsin:

Type of Claim	Time Limit (In general)
Contracts	6 years
Employment	300 days (EEOC) 2 years (wage claims)
Fraud	6 years
Medical Malpractice	3 years
Personal Injury	3 years
Products Liability	3 years
Property Damage	6 years
Sexual Abuse/Assault	3 years to no limit (variable dependent)
Wrongful Death	3 years

Exceptions and Special Circumstances

Statutes of limitations are strictly enforced, however there are some exceptions:

• Fraud or Concealment: If a defendant actively concealed their wrongdoing, the statute of limitations may be extended to ensure individuals cannot just "run out the clock."

  
  

• Tolling Provisions: In certain instances, statute of limitations may be "tolled" or paused, e.g., defendant is not a resident of Wisconsin, defendant has a pending case for the same act, or there is difficulty issuing a complaint to a therapist for certain acts.

Importance of Filing Timely

It is imperative that you file your case within the statute of limitations, failure to do so can result in the court dismissing your case and leaving you with no legal recourse.

Questions?

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