Illinois

STATUTE OF LIMITATIONS

Personal Property: 5 Years

Personal Injury: 2 Years

Breach of Contract (Written): 10 Years

Breach of Contract (Oral): 5 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): 10 or 12 Years (depending on Sale v. Delivery)

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

1 Year statue of limitations

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
$20,000 plus costs for Property Damage or Personal Injury

Liable when child under 18 causes willful or malicious destruction to real or personal property or causes personal injury

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Pure joint and several liability
Each defendant may be held liable for the entire loss 
-Exception for defendants who bear less than 25% of plaintiff’s own liability

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: YES

MADE WHOLE DOCTRINE

Not generally recognized

DEDUCTIBLE REIMBURSEMENT

Pro-Rata

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.