Filing a personal injury lawsuit is always an option when the injury is allegedly caused by a private party, such as an individual or a business. However, things become complicated when the entity being sued is the state government. These claims can only be argued in a specific court, and the government is often immune from lawsuits filed against it.
At Staver Accident Injury Lawyers, P.C., we have had success in helping people sue the state for personal injury. Our skilled Chicago personal injury attorneys understand the intricacies of cases brought against the government. We can use his knowledge to sue the state for a personal injury and achieve the best possible outcome.
Call (312) 236-2900 now to see how we can help you gain the compensation you deserve.
According to The State Lawsuit Immunity Act, the state is not allowed to be a defendant in any case except for those handled by the Court of Claims. This court, which was created through the Court of Claims Act, handles all lawsuits filed against the government. Although sovereign immunity in its original form was abolished in 1970, three Acts exist that lay out numerous immunities for the various levels of government. The State Lawsuit Act, which represents the most current form of sovereign immunity for the state, expressly declares that the state government cannot be made a defendant in a case without the state’s consent. It also outlines that all cases must be handled by the Court of Claims.
The Illinois Court of Claims allows a variety of cases to be heard. These include numerous lawsuits against the state, including cases for unjustly served time in state prison, for breach of a government contract, for review of state decisions, and for personal injury and other civil suits. For personal injury cases, a suit can be filed as long as the same claim could be made against an individual, a company, or any other private party. It is important to remember that the Court of Claims handles cases against a number of state agencies, not just those filed against the state government.
Filing a personal injury lawsuit against the state or a government agency can be complicated. The processes in the Court of Claims are unique, and the way a case is evaluated differs from how it would be handled in civil court. The court itself, for instance, is made up of seven judges, all of whom are assigned by the governor. It is for these reasons that hiring a skilled attorney is essential.
If you have recently suffered a personal injury at the hands of the government or a government employee, you are likely worried about how you will pay for your expenses. Medical bills can be astronomical, and you may have sustained an injury that prevents you from working. Do not be taken advantage of. You have options when it comes to suing the state.
Contact (312) 236-2900 today to see how we can protect your rights and fight for the funds you deserve.