What is the Property Damage Statute of Limitations in Illinois?

If you've had your property damaged in Illinois, whether by someone else's negligent or intentional action, you might be thinking about making a property damage claim. If so, and especially when you need to take your case to court, it's important to understand the statute of limitations and how it applies to your potential lawsuit.

The "Statute of Limitations" Defined

In case you're not familiar with the term, a "statute of limitations" is a law that affects your right to file a lawsuit, by putting a limit on how much time can pass before you must file the case in court. Every state has passed these laws, with time limits that vary depending on the subject matter of the lawsuit.

What's the Property Damage Lawsuit Filing Deadline In Illinois?

In Illinois, a five-year filing deadline applies to any lawsuit seeking the repair or replacement of damaged or destroyed property, whether it's:

• real property (damage to your house or your land) or
• personal property (including vehicle damage)

Specifically, the Illinois Compiled Statutes say that any lawsuit "to recover damages for an injury done to property, real or personal" is subject to this five-year time limit. (735 ILCS 5/13-205)

It's important to note that this five-year deadline applies any time you're asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action (a car accident case that includes claims for both personal injury and vehicle damage, for example) or a standalone lawsuit.

Get more details on how property damage claims work.

Does the Statute of Limitations Apply to Insurance Claims?

No, the statute of limitations only applies to lawsuits filed in court, not to insurance claims involving property damage. But if insurance coverage is in play, you'll want to get the claim process started as soon as possible, and leave yourself plenty of time to take your property damage case to court if you need to (or at least preserve the court option as leverage during settlement negotiations).

What If You Miss the Illinois Filing Deadline?

If you try to file your Illinois property damage lawsuit after the five-year deadline has passed, chances are good that:

• the defendant (the person or organization you're trying to sue) will make a motion asking the court to dismiss the case, and
• the court will grant the dismissal (except in rare cases where an exemption from the deadline applies; more on these exceptions in the next section).

If your case is dismissed, you'll be left without any kind of legal remedy for your damaged or destroyed property.

Extending the Statute of Limitations Filing Period In Illinois

In any Illinois lawsuit over property damage—and most other kinds of civil cases—a number of circumstances could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:

• If the defendant was out of the state for any period of time beginning on the date when the property damage occurred, the time of the defendant's absence won't be counted in the five-year period, or the "clock" won't start running until they return to Illinois. (735 ILCS 5/13-208)
• If the property owner was under 18 years of age or under a legal disability (declared legally incompetent, for example) at the time the underlying property damage occurs, they'll have two years to file the lawsuit upon reaching the age of 18 or having the legal disability removed. (735 ILCS 5/13-211)
• If the property owner becomes subject to a legal disability any time after the right to file the property damage lawsuit arises, the period of disability won't be counted as part of the statute of limitations period, but if more than 10 years have passed and the legal disability still hasn't been removed, the right to file the lawsuit is lost. (735 ILCS 5/13-211)

Other exceptions (too complex to cover in this article) may also apply to extend the Illinois statute of limitations time limit. If you've got questions about the filing deadline as it applies to your property damage case, an Illinois attorney will have the answers.

Can I File a Property Damage Lawsuit In Illinois Small Claims Court?

Yes. Small claims court is an option for your Illinois property damage case, as long as you're not seeking more than $10,000 from the defendant (the person or business you're suing). Learn more about bringing a case to Illinois small claims court.

Do I Need a Lawyer for a Property Damage Claim?

If you've got a standalone property damage claim, and there's insurance coverage in play, then handling the claim process on your own might make the most sense. It can even be a challenge to get an attorney to agree to represent you in a case that only involves property damage, and paying for a lawyer might not be worth it.

But reaching out to an Illinois lawyer in your area might be a good idea if things get contentious. And a lawyer's help might be crucial if, on top of property damage, your case involves personal injury or some other legal issue. In that situation (where the at-fault party's personal injury and property damage liability overlap) the lawyer might also agree to take your case on a contingency fee basis, meaning you don't pay for the lawyer's services unless you receive a settlement or court award. Get tips on finding the right lawyer for you and your case.