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Illinois Legal Malpractice Statute of Limitations
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The statute of limitations is the time period a person has to file a claim in court before their right to pursue that claim is barred forever. In Illinois, the statute of limitations for legal malpractice claims is typically two years. This means that the plaintiff usually has two years from the date he discovers or should have discovered the malpractice, but in no event may it exceed six years from the date of the actual malpractice, to file a legal malpractice lawsuit in court. There are some exceptions to this rule.
While the statute of limitations does not begin to run until the malpractice is or should be discovered, the plaintiff must take reasonable measures to discover the malpractice. Because parties can argue about when the plaintiff discovered or should have discovered the malpractice, it is important to seek legal advice as soon as possible if you suspect legal malpractice. For example, a plaintiff cannot pursue a legal malpractice action for a case that was dismissed ten years ago due to his attorney's failure to file a motion in time. While this failure to file may very well constitute legal malpractice, the statute of limitations will certainly have run. Once the statute of limitations has passed, your case if forever barred, even if it otherwise would have been successful.
Like other areas of the law, the statute of limitations has special rules for special situations. For example, where the plaintiff is disabled at the time of the malpractice. In this sense, disabled means in a coma, determined by a court to be insane, or otherwise lacking the capacity to discover the malpractice. In these scenarios, the plaintiff has two years to file his legal malpractice claim from the date that his disability is removed (he comes out of the coma, is adjudicated not insane, etc.).
In addition, sometimes the statute of limitations can be extended because a case is still pending. In other words, two years ago you knew your attorney committed an error, but it's only malpractice if it leads to irreparable harm. Some Illinois courts have held that the time limits to file a lawsuit don't begin to run until the case is over.
It's not always straight forward when interpreting the statute of limitations for a legal malpractice case in Illinois. If you believe you were the victim of legal malpractice, you should contact an attorney immediately to explore your potential claim. If you would like to ask our attorneys questions or need a referral to an Illinois legal malpractice law firm, please do not hesitate to contact us.