How Do I Bring a Claim Against a State or Government Entity?
Can you sue the government? Can you seek damages if, for example, a state trooper hits your car while speeding through an intersection, or if you’re a state employee facing workplace discrimination? The short answer is yes! You can bring a claim against a government entity like the State of Illinois in the Illinois Court of Claims. However, suing the government involves unique rules and procedures that differ from suing a private individual.
Will Sovereign Immunity Keep Me from Suing the State?
Sovereign immunity, a concept rooted in the idea that “you cannot sue the king,” limits lawsuits against governments unless they allow it. However, this principle remains in modern legal systems, including Illinois.
Fortunately, Illinois permits citizens and businesses to seek remedies for injuries caused by state officials or agencies. However, the process is more complex than filing a standard lawsuit in circuit court. To sue the Illinois State government or its employees, you must follow the Illinois Court of Claims Act and file your claim in the Court of Claims, not the circuit court.
What Claims Can I Bring Under the Illinois Court of Claims Act?
The Court of Claims Act lists the types of claims an individual or business can bring against the State of Illinois. These types of claims include:
- All claims under State law or regulation, other than Workers’ Compensation claims;
- All contract claims against the State;
- All compensation claims for those unjustly imprisoned in State prison;
- All personal injury, i.e., “tort,” claims against the State and any of its agencies; and
- All claims under specific State compensation laws.
As you can see, there are several avenues through which you may seek compensation for an injury caused by the government’s negligence or contract breach. That said, there are also several rules specific to the Court of Claims that you need to follow when suing the State. If you fail to follow the Court of Claim’s particular rules, you may lose your ability to “have your day in court” at all.
How Do I Bring a Claim Against the State of Illinois?
To bring a claim against the State of Illinois, you must first file a written notice with the State Attorney General and the Clerk of the Court of Claims. The Court of Claims Act requires that your written notice include:
- The name and address of the injured party;
- The date and time of the accident;
- The location of the accident;
- A brief description of what happened in the accident and
- The name and address of the claimant’s attending physician.
What Are the Important Court of Claims Deadlines?
To ensure that your case is heard, you must adhere to strict time limitations. You have two options when bringing an injury lawsuit in the Court of Claims. For injury claims, you must either file your claim or a tort notice within one year of (1) the date of injury or (2) the cause of action accrued.
For other claims, the time limitations vary, as an or example:
- Contract claims must be filed within five years.
- Claims made by vendors under The Illinois Public Aid Code must be brought within one year.
- Claims brought under other statutes have varying deadlines specified in the relevant legislation.
- Claims not specifically detailed under the statute, and injury claims with a tort notice timely filed, must be brought within two years after accrual.
How Can an Attorney Help Me Sue a State or Government Entity?
Illinois’ Court of Claims offers a crucial path for individuals and businesses harmed by the State to file claims. The rules outlined above are just a few of the many that govern the Court of Claims. Failure to follow these rules can result in case dismissal. Since the Court of Claims operates differently than circuit courts, hiring an experienced attorney familiar with its procedures can greatly impact your case’s outcome.
Suing the State or a government entity can be daunting. If you are considering bringing a claim against the State of Illinois, call us at (312) 779-1818 or fill out our online contact form for further assistance and advice.
