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Filing an Injury Claim Against an Illinois Government Entity (Part A)

If you have suffered a serious injury as a result of an accident on a government-owned property, or due to the negligence of a government employee while on duty, your Illinois personal injury lawsuit could involve filing a claim against a government entity.

Lawsuits against the State of Illinois are governed by the Court of Claims Act and State Lawsuit Immunity Act, while suits against local public entities like counties and municipalities are governed by the Local Government and Governmental Employees Tort Immunity Act.

When seeking to file an Illinois personal injury lawsuit, your statute of limitation is 1 year. A Chicago personal injury lawyer can offer a better understanding of how an Illinois personal injury lawsuit works against a government entity.

The Court of Claims Act

This act covers "all claims against the State for damages in cases sounding in tort, if like cause of action would lie against a private person or corporation." Basically, the State can be held liable for injuries you sustain while on its property just as a private homeowner or business would. The Court of Claims covers many types of claims including but not limited to:

Cases under the Workers' Compensation Act regarding State employees;
Cases based upon contracts with the State; AND
Injury claims against the State of Illinois.

The maximum amount of damages you can recover in an Illinois personal injury lawsuit against the state is $100,000 unless the injury involved a state-owned motor vehicle operated by a state employee.

The Local Government and Governmental Employees Tort Immunity Act

Also known as the "Tort Immunity Act," this act provides immunities to the local level of government regarding specific government functions. Some immunities include:

Negligence connected with the inspection of property for health and safety standards;
Immunity for negligence connected with injuries resulting from unsafe conditions of property if the local governmental entity had no actual constructive notice of the condition;
Immunity for the negligent failure to supervise an activity on public property; AND
Negligence connected with injuries resulting in participation in hazardous recreational activity.

These immunities may make it sound like local governments are impervious to any kind of Illinois personal injury lawsuit, but that's not the reality. An experienced Chicago personal injury lawyer can review your case and advise you on how to proceed with your claim.

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