Pursuing Compensation After an Illinois Governmental Injury

 Posted on October 20, 2023 in Personal Injury

If you were injured by an agency or municipality, you may feel discouraged from pursuing injury compensation. You may feel like there are barriers in the way. However, you deserve justice, and an Illinois lawyer can help you assemble a strong case.

The Illinois Tort Act

This Illinois statute heavily favors government defendants. It has rigid constraints like:

• Strict notice deadlines before lawsuits can proceed
• Limited exceptions where immunity is waived
• Damage caps restricting potential compensation

These provisions may make it feel like you cannot get anywhere with your case. However, a personal injury attorney with experience with the Tort Immunity Act can help navigate its complexity on your behalf. While it can be an intimidating process, you should not back down.

Providing Complete, Timely Notice

Before suing an Illinois public entity, written notice must be served within one year specifying the injured party’s information, full details of the incident, involved government employees, and an itemization of damages sought. Deficient or late notice jeopardizes claims. An attorney can help you handle the notice to preserve your rights.

Assessing Viable Exceptions to Immunity

Governments possess broad immunity from lawsuits. However, injuries resulting from provable negligence may qualify under exceptions if compelling legal arguments demonstrate liability. For instance, harms resulting from:

• Dangerous property conditions like pavement hazards or unsafe structures
• Vehicle collisions directly involving government employees acting negligently
• Substantiated medical malpractice at public hospitals by government doctors

An attorney can help you thoroughly investigate whether facts warrant an immunity exception to establish liability against a public entity. This requires in-depth analysis of statutes, case law, and trial strategies.

Building an Assertive, Compelling Case

Despite steep legal hurdles, compensation from government bodies is achievable with legal advocacy. An attorney can thoroughly investigate, subpoena records, conduct revealing depositions of involved officials, obtain expert testimony, build legal arguments regarding negligent actions, and establish accountability. Cases usually require litigation but can settle in the rightful recovery of damages.

Pursuing Maximum Lawful Compensation

If you succeed in overcoming immunity, damage caps may still limit potential recovery. However, an attorney may be able to legally pursue compensation through avenues like parallel claims against additional liable parties or bringing constitutional challenges against the caps.

While caps intend to restrict damages, creatively navigating around them could increase the compensation ultimately obtained. A lawyer will explore every lawful strategy to seek maximum permitted damages where liability is proven.

Contact a Springfield, IL Personal Injury Lawyer

Pursuing fair compensation from a government entity requires strategic legal guidance. A Decatur, IL personal injury attorney can review the details of your case and advise if grounds exist to overcome immunity barriers. Call Kanoski Bresney at 888-826-8682 for a free consultation today.