I Was Injured on Illinois State Property. Can I Sue the State?

 Posted on May 09, 2024 in Personal Injury

If you were injured on property belonging to the State of Illinois, you may be able to sue the state government. However, suing the government for an injury is not the same as suing a company or private individual. The rules for claiming damages are very different if you were injured by state property, so it is best to consult an Illinois personal injury attorney about your specific case.

This article will discuss government liability for injuries and when you can claim damages from the Illinois state government.

What Are Some Examples of Government Liability?

Like people and corporations, governments are responsible — or liable — for damage caused by their property. Common cases in which the government might be liable for damages include:

• A person is injured because of a defect in a sidewalk maintained by the state.
• A person is injured in an accident involving a public transportation vehicle.
• A person slips and falls because the state failed to install adequate lighting.
• A child is injured or abused in a public school.
• A person is injured by a government employee, such as a police officer.
• A person slips and falls on the subway because of poor maintenance.
• A person is injured in a collision due to faulty construction or traffic installations.

In cases like these, the victim may be able to sue the government for a personal injury if he or she can meet certain criteria.

What Are the Criteria for Suing the State of Illinois?

Normally, to claim compensation for damages for an injury you sustained on someone else’s property, you need to prove that that person or company was negligent. In other words, you need to show that the owner of the property did not take reasonable care to ensure that people would not be injured.

To sue the State of Illinois, however, proving negligence is not enough. Illinois law requires you to prove that the government engaged in “willful and wanton conduct.” This means you need to show that the government either endangered people on purpose or at least had a “conscious disregard” for the safety of others.

Other rules for claiming damages from the State of Illinois include:

• You have one year from the date of the injury to file the claim. This is in contrast to suing a company or private individual, where you have a two-year window.
• You can only sue for economic damages, such as medical expenses and lost wages. You cannot sue for non-economic damages like pain and suffering and emotional distress, which you can sometimes do when suing a corporation or private individual.

Contact a Champaign, IL Government Liability Lawyer

The rules for suing the State of Illinois for an injury are stricter than they are for suing another taxpayer or a company. You have a higher burden of proof and need to have a strong case to claim damages. The key is to choose an experienced Peoria, Illinois government liability attorney who understands the process well.

We at Kanoski Bresney have over 40 years of experience in personal injury law and have helped clients claim over $550 million. If you have been injured on government property, let us handle your claim so you have the best chance of receiving the highest compensation possible. Call 888-826-8682 for a free consultation today.