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IL SB3351

Bill

Status

Failed

1/13/2021

Primary Sponsor

Elgie Sims

Click for details

Origin

Senate

101st General Assembly

AI Summary

  • Establishes a 6-year absolute deadline for attorney malpractice actions, measured from the date professional services were performed, regardless of when injury occurs.

  • Maintains the existing 2-year deadline for filing malpractice claims from when the injury is discovered, but this deadline cannot extend beyond 6 years from the date services were rendered.

  • For cases where injury occurs only upon the client's death, allows filing within 2 years of death unless estate proceedings begin, in which case the claim deadline extends to the probate claims period, but not beyond 6 years from when services were performed.

  • Applies retroactively to all causes of action regardless of accrual date, but grandfathers actions that would have been timely under prior law if filed within 6 years after the bill's effective date.

  • Suspends the statute of limitations period for persons under legal disability (minors or incapacitated individuals) until the disability is removed, without invalidating the 6-year repose period.

Legislative Description

CIV PRO-ATTORNEY MALPRACTICE

Last Action

Session Sine Die

1/13/2021

Committee Referrals

Assignments4/12/2020
Judiciary2/25/2020
Assignments2/14/2020

Full Bill Text

No bill text available