United States · Illinois limitation periods
When must an Illinois derivative loss-of-consortium claim be filed?
Section 13-203 assigns a covered derivative consortium or medical-expense action the same filing period as the injured person’s action. Code provisions that toll or extend that action also align the derivative period. This is not an independent universal two-year deadline.
- Period
- The same applicable period as the underlying injury action
- Trigger
- Accrual and the governing period of the injured person’s underlying action
- Rule
- 735 ILCS 5/13-203
Section 13-203, source P.A. 88-22, with current official Code compilation corroboration. Individual review October 7, 2026.
Source guide · No automated date
What underlying injury and derivative claim are involved?
The underlying injury action and its aligned tolling supply this derivative period. One generic two-year preset cannot select them.
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What underlying injury and derivative claim are involved?
Identify the person injured, the underlying injury claim and its governing limitation provision.
Establish whether the claim derives from that injury, including the stated minor or disability-related medical-expense category.
Record all applicable Code tolling or extension provisions and the underlying claim’s actual filing boundary.
735 ILCS 5/13-203How does the derivative period follow the underlying action?
- Identify the person injured, the underlying injury claim and its governing limitation provision.
- Establish whether the claim derives from that injury, including the stated minor or disability-related medical-expense category.
- Record all applicable Code tolling or extension provisions and the underlying claim’s actual filing boundary.
- The section ties the derivative period to the injured person’s period. When another Code section tolls or extends that period, including Sections 13-211, 13-212 or 13-215, the derivative period coincides. Select the underlying provision before applying any calendar calculation.
- Commence the proper derivative action and preserve the underlying claim classification, accrual evidence and any aligned statutory tolling.
No computed date is published. Establish the applicable statutory periods and then check their governing counting and closed-day provisions separately.
735 ILCS 5/13-203What distinguishes the relevant statutory branches?
Fictitious comparison. One derivative claim follows an ordinary injury action. Another follows a patient-care action with a different applicable statutory qualification. The derivative label alone supplies neither filing boundary.
The underlying injury action and its aligned tolling supply this derivative period. One generic two-year preset cannot select them.
Which qualifications change the filing period?
- Medical-expense claims are expressly included
- The text includes actions for medical expenses of minors or persons under legal disability when they derive from injury to another.
- Covered criminal injuries are excepted
- The ordinary alignment sentence excepts damages from first degree murder or a Class X felony. Section 13-214.1 supplies a separate criminal-injury provision.
- Loss of support requires its own classification
- The stable URL includes support wording. Section 13-203.1 separately addresses a minor’s loss of means of support from the specified criminal injury. Do not assign every support claim this consortium provision.
- 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 735 ILCS 5/13-203
When must an Illinois derivative loss-of-consortium claim be filed?
Is consortium always due two years after injury?
No. The governing period and aligned Code tolling depend on the underlying injury action.
735 ILCS 5/13-203Can a medical-expense claim follow the child’s extended period?
Section 13-203 expressly includes minor medical-expense actions and aligns applicable Code tolling or extensions with the underlying injury period.
735 ILCS 5/13-203Does every loss-of-support claim use Section 13-203?
No. Identify the actual cause of action. Section 13-203.1 supplies a distinct minor criminal-injury support provision.
735 ILCS 5/13-203.1Official statutory sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-203 | The specific statutory actor, triggering event, period and qualifications |
| 735 ILCS 5/13-203.1 | Distinct minor loss-of-support criminal-injury provision |
| 735 ILCS 5/13-214.1 | Separate criminal-injury periods |
| 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 |