Can You Sue a Government Entity for Personal Injury in Illinois?
People slip, trip, or get into accidents every day. Sometimes these incidents happen in a government building, on a city sidewalk, or even because of a collision with a public vehicle. When that happens, the first question many people ask is whether they can sue the government for their injuries. In Illinois, the answer is yes, but the process is much more complicated than suing a private individual or business.
Strict rules, shorter deadlines, and legal protections for government agencies make these cases harder to pursue. Knowing how Illinois law treats government liability is essential if you are considering a claim.
If you were hurt on public property or because of the actions of a government worker, you may be entitled to compensation. Contact Attorney Michael J. Brennan today for a free consultation to review your options and better understand how these laws may apply to you.
Can You Sue the Government in Illinois?
Historically, government agencies could not be sued at all, a principle called sovereign immunity. Illinois law has created exceptions, and under certain circumstances, residents can bring claims against both state and local governments.
The Illinois Court of Claims Act outlines when the state can be sued, while the Local Governmental and Governmental Employees Tort Immunity Act governs claims against counties, municipalities, and other local bodies. These statutes allow lawsuits, but only in very specific situations. The government retains broad immunity in many areas, meaning not every injury that occurs on public property will lead to compensation.
Examples of Personal Injury Claims Against Government Entities
Not all accidents involving public property or employees are actionable, but many do qualify. Some of the more common examples include:
- A fall caused by a broken city sidewalk or poorly maintained public building.
- Car crashes involving police cars, ambulances, or public transportation vehicles.
- Injuries that occur in schools, playgrounds, or parks managed by local government.
- Negligence in state-run or county hospitals.
Each situation requires proof that the government’s negligence directly caused the harm. Even if negligence is established, the government may raise immunity defenses to argue that the claim does not fall within the exceptions that allow for lawsuits.
Special Rules and Deadlines in Illinois Government Injury Claims
Cases against government agencies are governed by rules that are stricter than those that apply to private defendants. One of the most important differences is the timeline. In many instances, an injured person must submit a formal notice of claim within a year of the accident. If this notice is not filed on time, the lawsuit may never move forward.
The lawsuit itself must also be filed within the statute of limitations. Courts enforce these time limits very strictly. Missing one can end a case before it starts, regardless of how strong the evidence might be.
Another important distinction is that some types of damages are limited when the government is the defendant. Immunity defenses are also common. For example, certain governmental functions are protected, even when negligence is shown. These additional hurdles are why many people seek experienced legal guidance before filing a claim against a government agency
Why You Should Work with an Experienced Personal Injury Attorney
Going up against a government entity is not the same as filing a claim against a private driver, business, or property owner. These cases involve unique statutes, filing requirements, and aggressive defenses. Government agencies have attorneys who work specifically to fight these claims. Without legal help, it is easy for an individual to miss a deadline, file paperwork incorrectly, or fail to counter an immunity defense.
An experienced personal injury attorney can evaluate whether your case qualifies under Illinois law, ensure all notices are filed properly, and prepare the evidence needed to support your claim. Attorney Michael J. Brennan has years of experience handling injury cases in Illinois and understands the procedures and challenges that come with suing a government entity. Having a skilled lawyer on your side significantly increases the chance of success.
Protecting Your Rights After an Injury Caused by Government Negligence
Illinois law does allow lawsuits against government bodies, but the path to compensation is filled with obstacles. Claims must be filed within strict deadlines, damages may be capped, and immunity defenses can block recovery entirely. Despite these challenges, many families have successfully pursued compensation for injuries tied to unsafe public property, negligent employees, or dangerous conditions in public facilities.
If you or a loved one was injured because of government negligence, do not wait to act. These cases are time-sensitive, and delays can cost you the right to file. Contact Attorney Michael J. Brennan today to schedule a free consultation and learn how he can help you protect your rights and pursue justice.