Can you sue the city of Chicago for a personal injury?
Personal Injury - July 17, 2025
Yes, you can sue the city for negligence, but your personal injury case will have complications that those filed against a private party (person or corporation) won’t. Filing a claim for damages against a government entity or a government employee involves the legal concept of sovereign immunity. There’s also a much narrower statute of limitations to file a claim against the city than there is for other types of Illinois personal injury claims, so it’s critical to talk to our Chicago personal injury attorneys right away, so you don’t miss the deadline.
Sovereign immunity and your right to sue a city in Illinois
Sovereign immunity is a protection afforded to government entities, prohibiting them from being sued without their consent. Illinois eliminated blanket sovereign immunity in 1970 with the passage of the Illinois Tort Immunity Act. The Illinois Tort Immunity Act limits the types of personal injury lawsuits that can be filed against the City of Chicago and its employees. You can still bring a tort claim against the entity or one of its employees (if they were acting within their employment capacity), as long as it falls within one of the categories of permitted tort claims.
Permitted lawsuits against the City of Chicago
The City of Chicago and its agents have immunity from lawsuits based on misrepresentations and oral promises, libel or slander for defamatory statements, and failure to grant payments or goods for public welfare.
You can file a lawsuit for the following types of claims:
- Property damage
- Motor vehicle accidents
- General premises liability (such as a slip and fall claim)
- Civil rights violations
- Personal injury
- Breach of contract
When filing a lawsuit against the city, you must follow the protocols laid out in the Illinois Tort Claims Act; otherwise, there’s a good chance your case will be dismissed.
Limitations for filing a suit against an Illinois government entity
Injury victims must provide a Notice of Claim within one year of the date of the incident. It must include your full name, contact information, and all relevant details of the injury, including estimated damages. File copies of your Notice of Claim with the Illinois Attorney General and the Clerk of the Court of Claims.
It’s best to enlist the aid of a personal injury attorney familiar with the Illinois Tort Claims Act and experienced in filing lawsuits against the government. They can ensure your claim is filed within the statute of limitations (one year, unless it’s a medical malpractice claim), contains the right information, and is delivered to the appropriate parties.
Damages limitations in government lawsuits
In addition to a shorter statute of limitations, the Illinois Tort Claims Act limits the amount of damages that personal injury victims can seek. Damages against the City of Chicago are capped at $100,000 (total combined material losses and non-economic damages, such as pain and suffering).
Plaintiffs are also excluded from seeking punitive damages against Illinois government entities. Punitive damages are a third type of damages, awarded by the court if the defendant’s actions were especially reckless or malicious, and not compensatory in nature.
That being said, as long as your type of personal injury claim is permitted under the Illinois Tort Claims Act, you file within the statute of limitations, and you properly serve the appropriate entities with notice of the claim, yes, you can sue the City of Chicago for damages.
Talk to Horwitz, Horwitz & Associates about suing the city
If you’ve been hurt due to the City of Chicago’s negligence, don’t wait. These cases move fast, and the rules are strict. The attorneys at Horwitz, Horwitz & Associates know how to handle claims against the government, and we’re ready to help you get the compensation you deserve.
Injured by city negligence? Call us today at (800) 985-1819 or contact us online for a free consultation.
