United States · Illinois limitation periods
Which filing limits apply to Illinois local-public-entity patient-care claims?
Section 8-101(b) combines two years from the earliest actual knowledge, reasonable discovery or written notice of the injury or death with a four-year outside boundary from the alleged care event. Establish both sets of facts. The ordinary one-year public-entity provision expressly excludes this patient-care category.
- Period
- Two-year earliest-discovery boundary compared with four-year care-event boundary
- Trigger
- Earliest knowledge, reasonable discovery or written notice, and alleged care event
- Rule
- 745 ILCS 10/8-101(b), (d)
Section 8-101, source P.A. 93-11 effective June 4, 2003, corroborated by the current official Act compilation. Individual review October 7, 2026.
Source guide · No automated date
Does the claim arise from local-public-entity or employee patient care?
Earliest knowledge or notice and a separate care event supply two competing boundaries. One discovery input cannot determine both.
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Does the claim arise from local-public-entity or employee patient care?
Identify the local public entity or public employee and whether the injury or death claim arises from patient care.
Establish actual knowledge, what reasonable diligence would reveal and any written notice. Select the earliest applicable date.
Separately establish the alleged act, omission or occurrence causing the injury or death and the applicable statutory edition.
745 ILCS 10/8-101(b), (d)Why are both discovery and care-event dates required?
- Identify the local public entity or public employee and whether the injury or death claim arises from patient care.
- Establish actual knowledge, what reasonable diligence would reveal and any written notice. Select the earliest applicable date.
- Separately establish the alleged act, omission or occurrence causing the injury or death and the applicable statutory edition.
- The two-year period begins at the earliest of the three stated knowledge or notice dates. The four-year outside period begins at the alleged act, omission or occurrence. A later selected discovery date cannot replace earlier reasonable discovery or written notice, and the two-year component alone does not establish compliance with the four-year boundary.
- Commence the correctly classified action and preserve care records, knowledge and notice evidence, defendant status and the comparison of the applicable boundaries.
No computed date is published. Establish the applicable statutory periods and then check their governing counting and closed-day provisions separately.
745 ILCS 10/8-101(b), (d)What distinguishes the relevant statutory branches?
Fictitious comparison. Two claimants report the same discovery date. One received written injury notice earlier; the other did not. Their two-year starting events can differ even before the separate four-year comparison.
Earliest knowledge or notice and a separate care event supply two competing boundaries. One discovery input cannot determine both.
Which qualifications change the filing period?
- A contract label does not avoid the stated category
- Subsection (b) covers the described patient-care injury or death action whether based on tort, breach of contract or otherwise.
- Ordinary local-public-entity claims remain separate
- Subsection (a) assigns one year to its ordinary category and expressly excludes actions described in subsection (b). Establish patient care rather than selecting the longer period from defendant status alone.
- The 2003 applicability qualification remains express
- Subsection (d) applies the amendment to pending or later actions subject to its vested-right and past-transaction qualifications. Historical applicability cannot be inferred from a current filing date alone.
- This source guide computes no date and does not determine whether the required facts are established.
- Preserve the operative edition, actual documents and relevant court orders. Historical applicability requires its own review.
What must be completed and preserved?
Questions about 745 ILCS 10/8-101(b), (d)
Which filing limits apply to Illinois local-public-entity patient-care claims?
Is written notice relevant even before actual discovery?
Yes. The text selects the earliest of knowledge, reasonable discovery or written notice of the injury or death.
745 ILCS 10/8-101Does the public defendant automatically mean one year?
No. Subsection (a) expressly excepts the subsection (b) patient-care category. Establish which action is involved.
745 ILCS 10/8-101Can I use only the two-year discovery date?
No. The separate four-year alleged-care-event boundary must also be checked. This guide computes neither as a complete claim deadline.
745 ILCS 10/8-101Official statutory sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 745 ILCS 10/8-101(b), (d) | The specific statutory actor, triggering event, period and qualifications |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |