Can a person sue a state government?
Personal Injury - February 24, 2025
Each state has its own set of laws governing a person’s rights and the procedures involved in suing that state’s government. The process for filing against the Illinois government is different from the process for filing a claim against a private individual or company. An experienced Chicago personal injury attorney from Horwitz, Horwitz & Associates knows this process and will work to secure a favorable outcome for your claim against the State of Illinois.
What are the laws for filing against the Illinois state government?
Government immunity laws provide states with some protection against personal injury claims. The Illinois State Lawsuit Immunity Act protects Illinois State from being the defendant in court except for circumstances provided in other Acts, including the Court of Claims Act. Only the Court of Claims is authorized to hear personal injury cases brought against the State government.
When can you file a claim against a state government?
An accident that leaves you seriously injured may provide grounds for you to sue the State of Illinois. Examples include:
Motor-vehicle accidents
Government agencies are responsible for keeping roads well-maintained and safe for travel. The government may be liable if your accident results from poor road conditions or faulty traffic signals on a state road. If your accident is with a state-owned vehicle, the state may bear culpability in this case as well.
Accidents on state property
You may have a slip-and-fall accident on state property, perhaps on a slippery floor not marked with a caution sign or on a broken stair or torn carpet. The injury could happen outdoors as well. State parks must mark or mitigate known hazards in areas open to the public.
Inadequate security on state property could also lead to injuries caused by violence. These properties must be properly lit and patrolled by security agents.
Abuse by a government employee
State employees who harm you during their employment may leave the State open to a lawsuit. State doctors could commit medical malpractice, a state trooper could violate your rights, a public school teacher could abuse your child, or your loved one may experience abuse in a state-run nursing home.
The State may be culpable for other acts of negligence. Do not assume you do not have a case without first speaking with a Chicago personal injury attorney from Horwitz, Horwitz & Associates. We offer free consultations, so there is no risk in reaching out and learning your options.
Do you need to act quickly when suing a state government?
Claims against the State government must be brought within one year of the accident. Connect with an attorney as soon as possible after your accident. Prompt access allows for more productive evidence collection and gives us time to file within the legal deadline.
The standard of proof is higher in cases against the State. Evidence must show the government’s “willful and wanton conduct.” This means you must demonstrate the government intentionally put you in danger or was aware of the potential for danger and disregarded your safety.
You can recover only economic losses in claims against the government. These include your medical expenses, lost income, and other expenses caused by the accident. You cannot seek compensation for your pain and suffering as in most other personal injury claims. Our team will examine your economic losses meticulously and work to maximize your compensation.
Let us fight your battle against the government
Can a person sue a state government? Yes, but the State of Illinois is a powerful opponent and not one to challenge on your own. Call (800) 985-1819 or connect with us online. You can trust our experienced, knowledgeable team to take on this fight for you, and we will fight to win.
