Can I Sue the State for a Car Accident in Illinois?

 Posted on December 28,2021 in Car Accidents

Studies show that most car accidents are caused by negligent driving such as intoxicated driving or distracted driving. However, sometimes, the at-fault party in a car accident case is not a person. Rather, it is a government entity such as a city or state. If you or a loved one were hurt in a car crash caused by a state government employee or negligence on the part of a government agency, it may be possible to sue the government for damages.

Personal Injury Claims Brought Against the State Government

Personal injury claims may be used to recover financial compensation for damages caused by a car accident. An injured person or a deceased person’s estate may be entitled to compensation for vehicle damage, medical expenses, lost income, and more. In Illinois, employers are usually liable for car accidents caused by on-the-clock employees. Similarly, when a government employee causes an accident in which someone is injured or killed, the government may be liable. Injured persons may wish to file a claim against the state of Illinois if they were hit by a state government employee or otherwise harmed by the negligent actions of a government agency.

Car Accident Cases Subject to the Illinois Court of Claims Act

Illinois law states that an injured person may be able to recover damages from the state of Illinois if the same claim would be possible if it were brought against an individual or company. However, personal injury claims brought against the government are subject to a special set of rules. The government is immune from legal claims in some situations. Furthermore, claims brought under the Court of Claims Act have tighter deadlines than claims against private individuals. If you wish to bring a claim against the state of Illinois, you will need to either file a notice of the claim or the actual lawsuit with the Court of Claims within one year of the injury-causing accident. You have two years to file the actual lawsuit regardless of when the notice is filed.

How a Lawyer Can Help You File an Injury Claim Against the Government

Bringing a successful claim against the government is no simple task. An experienced injury attorney can help you understand the steps needed to pursue damages and guide you through the claims process. Your lawyer will also ensure that the necessary deadlines are met, so you have the best chances possible of recovery.

Contact a Waukegan Car Accident Injury Lawyer

If you or a loved one were hurt in a car accident and you want to sue the state, contact Salvi & Maher, LLP for help. We understand how to build a compelling claim for damages and fight for our clients’ rights. Call our Lake County personal injury attorneys at 847-662-3303 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1865&ChapterID=50