Illinois generally applies a two-year limitations period and a six-year repose period. These deadlines appear in 735 ILCS 5/13-214.3, and the repose limit can bar a claim even before discovery. That two-year clock usually starts once you learned of the harm, or reasonably should have. Limited exceptions may apply, but courts construe them narrowly, so prompt review is important.
If you think a lawyer’s mistake harmed you, speak with a Chicago legal malpractice lawyer soon, because these deadlines can end a claim.
When the Two-Year Clock Starts
The statute generally provides that a malpractice lawsuit must be filed within two years from the time the person bringing the action knew or reasonably should have known of the injury. This is called the discovery rule.
The discovery rule is not an automatic escape hatch, and courts apply it narrowly. In some cases, the limitations period does not begin until the injury is actually discovered, but a claimant should not assume tolling applies to their facts. A helpful plain-language overview of civil filing deadlines appears in this summary of selected statutes of limitations maintained by Illinois Legal Aid Online.
The Six-Year Statute of Repose
In an Illinois legal malpractice case, few practical questions matter more than timing. Illinois law distinguishes between a statute of limitations, which runs from when an injury occurs or is discovered, and a statute of repose, which cuts off claims after a set period regardless of discovery. These two clocks run differently and can bar a claim independently.
Illinois also sets an outer limit for these claims, called a statute of repose. Unlike a statute of limitations, a statute of repose begins running when a specific event occurs, regardless of whether an action has accrued or injury has resulted. The six years run from the lawyer’s act or omission.
Exceptions That Can Change the Deadline
Illinois law also recognizes limited exceptions and accrual nuances. Subsection (d) of the statute provides that when the injury caused by the act or omission does not occur until the death of the client, the action may be commenced within two years after that person’s death. Illinois courts have also recognized that a limitations period may not accrue until a client suffers an actual injury, such as when a trial court enters an adverse judgment.
Because courts apply these exceptions narrowly, never assume that a discovery or tolling rule automatically extends a deadline. A lawyer can tell you whether an exception fits your facts.
Claims Lost to the Deadline
Case law shows just how strict the repose period can be. In Snyder v. Heidelberger, 2011 IL 111052, the Illinois Supreme Court dismissed a malpractice claim because the injury occurred more than six years from when the case was filed, regardless of when the plaintiff became aware of the injury. The court reasoned that injury occurred when the attorney performed the work, not when the client later died.
A claim that looks strong on the facts can still be lost if it is filed too late. You can read more in the ISBA’s coverage of the statute of repose ruling.
Act and Investigate Promptly
If you suspect that a lawyer made a mistake, look into it right away instead of waiting. These steps can help:
- Note key dates, including when you first suspected a problem, because the discovery rule may be interpreted narrowly.
- Preserve the full file, correspondence, and documents showing the underlying matter and your losses.
- Waiting for certainty can push you past the repose deadline.
Treat any suspected malpractice as time-sensitive. Even if you think an exception might apply, confirm the applicable deadline early rather than risk dismissal.
For more on the claim itself, see our post on how to prove legal malpractice.
To see what often leads to a claim, read our post on common legal malpractice claims.
If you are unsure whether a mistake counts as malpractice, our post on honest mistakes and legal malpractice may help.
Claims by People Who Were Not the Client
Not everyone affected by a lawyer’s work was the lawyer’s client. As the ISBA has explained regarding attorneys who are vulnerable to dormant claims, a will drafted and never updated can leave the decedent’s family able to file a malpractice action long afterward.
A person who was not the client should not assume that a deadline has passed, or that none applies. Which timing rules apply depends on the facts, so have the situation reviewed promptly. Our post on what legal malpractice is covers the basics.
Talk With King & Jones
If you are facing a business dispute or a problem with a lawyer’s work, our Chicago trial lawyers can review your situation and explain your options.
