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If you think you have a legal claim against the State of Illinois, a county or city, or some arm of the state or local government, you need to talk with a seasoned personal injury attorney about government liability and immunity. Sovereign immunity is the legal concept that refers to a private party’s inability to sue the government without its consent. This legal doctrine is old. It comes to us from British common law: you couldn’t sue the king.
In the U.S., we still have the doctrine of sovereign immunity, though it has evolved. The federal government and most states have waived some of their immunity, giving you the chance to bring claims against them for certain wrongs. The process is different from a traditional personal injury claim, which is why it is important to talk with a Chicago, Illinois personal injury lawyer about your case.
Staver Accident Injury Lawyers has decades of combined experience handling personal injury cases and auto accident cases, including those involving government liability. Call us today at (312) 236-2900 or send us your information through the online form. We will thoroughly review your case, identify the defendants, and explain any issues of government immunity.
Inmunidad de Illinois
The State Lawsuit Immunity Act says you cannot name Illinois as a defendant or party in a lawsuit except under the Court of Claims Act, the Illinois Public Labor Relations Act, or the State Officials and Employees Ethics Act. Because of these major limitations, you should talk with a lawyer about when Illinois can be brought to court.
El Tribunal de Reclamaciones
The Court of Claims Act says lawsuits against the State of Illinois fall under the jurisdiction of the Court of Claims. The court system is set up to hear claims from private people or businesses against Illinois or one of its many branches. It has jurisdiction over:
Illinois, en general, es inmune a otro tipo de demandas.
Tope de daños
Under 705 ILCS 505/8(d), the Court of Claims caps most tort awards against the State of Illinois. The statutory base is $2 million, but the limit is adjusted each year for inflation by the Illinois Comptroller using the Consumer Price Index. The adjusted cap for 2025 awards was $2,560,483. The 2026 figure is published by the Comptroller on or before January 31 each year, so confirm the current cap before filing a claim in the Court of Claims.
The cap does not apply when a state employee was operating a state-owned, leased, or controlled vehicle. If you were hurt in a crash caused by an Illinois State Police trooper, an IDOT worker driving a state vehicle, or a University of Illinois employee behind the wheel of a university-owned car, you are not limited to the statutory cap. These cases are still filed in the Court of Claims, but the damage ceiling is different.
Illinois is also entitled to a setoff. If another at-fault party has already paid you for the same injury, the state will either be reimbursed or pay only the remaining balance of your damages. For general tort cases against private defendants, no cap applies.
¿Cuándo es demandado el Estado de Illinois?
Illinois puede ser un demandado en su caso si un empleado del estado le causó daño. El estado emplea todo tipo de trabajadores, incluyendo oficiales de policía, doctores, inspectores de salud, profesores, maestros, individuos que administran y cuidan la propiedad del estado, y muchos más. Usted puede ser lastimado por un empleado de cualquier agencia estatal de Illinois, administración, o rama del gobierno, incluyendo el sistema de la Universidad de Illinois.
Examples of entities that are considered a part of the state include but are not limited to:
- La Comisión de Centros Médicos
- El Consejo de Administración de la Universidad de Illinois
- El Consejo de Administración de la Southern Illinois University
- El Consejo de Administración de la Universidad Estatal de Chicago
- El Consejo de Administración de la Eastern Illinois University
- El Consejo de Administración de la Governors State University
- El Consejo de Administración de la Universidad Estatal de Illinois
- El Consejo de Administración de la Northeastern Illinois University
- El Consejo de Administración de la Universidad del Norte de Illinois
- El Consejo de Administración de Western Illinois University
- El Consejo de Administración de la Academia de Matemáticas y Ciencias de Illinois
When you work with our personal injury lawyers in Illinois, we will thoroughly investigate the negligent party. We will find out where they work and whether they were on the clock at the time of your accident. If they are employed by a part of the Illinois government, we will evaluate whether we have to bring your case in the Court of Claims.
Ley de Inmunidad frente a Agravios de los Gobiernos Locales y Empleados Públicos
Your claim might not be against a branch of the Illinois government. Instead, it might be against a local municipality. In this case, your claim is controlled by the Local Governmental and Governmental Employees Tort Immunity Act.
The Tort Immunity Act significantly limits when you can file a lawsuit against a local government or agency. You cannot sue for most cases of ordinary negligence. Instead, you have to look at whether the government entity or its employee’s behavior amounted to willful and wanton misconduct, which is conduct meant to cause harm or showing a conscious disregard for the safety of other people or property. An example of willful and wanton misconduct is excessive force and brutality by local police officers.
Cuando un gobierno local no es responsable
A local government is liable for your injuries if it has a duty toward you, except when:
- It adopts or fails to adopt a law, or enforces or fails to enforce a law
- Administra licencias de forma negligente
- Inspecciona negligentemente la propiedad para detectar problemas de salud y seguridad
- Hay condiciones inseguras en la propiedad de las que el gobierno no tenía conocimiento
- No supervisa la actividad en la propiedad pública
- Las lesiones son consecuencia de actividades recreativas peligrosas
- Completa un acto discrecional
La inmunidad del Gobierno no es absoluta
If you have a claim against a local entity like the City of Chicago, Cook County, the Chicago Park District, Naperville, Joliet, or a smaller municipality, it is worth working with a lawyer who handles these cases in Illinois courts. Suits against most Cook County defendants are filed in the Cook County Circuit Court at the Daley Center. The Illinois Supreme Court has ruled that tort immunity was never meant to be absolute. Local entities are still liable in specific situations, including willful and wanton conduct, dangerous public property the entity had notice of, and public-vehicle crashes.
Un abogado evaluará detenidamente su caso y le recomendará cómo proceder, incluida la posibilidad de presentar una demanda contra una entidad de la administración local.
Common Government Liability Claims in Illinois
Claims against Illinois state agencies and local governments show up in several recurring patterns. The most common cases our firm sees include:
Injuries on government property. Cracked sidewalks in the City of Chicago, unsalted steps outside a county building, broken handrails in a park district facility, and falls caused by building-code violations are the core of this category. These cases overlap directly with an ordinary premises liability claim, except the defendant is a city, county, or park district and the Tort Immunity Act controls what you have to prove. If a private property owner would be liable for the same hazard, that does not automatically mean the local entity will be; willful and wanton conduct or an exception to immunity is usually required.
CTA, Metra, and Pace incidents. The Chicago Transit Authority is a municipal corporation, which means injuries on CTA buses, L trains, and platforms fall under government liability law, not a standard private-carrier negligence claim. The same applies to Pace and, with a different set of rules, Metra. Filing deadlines are short and notice requirements are strict, so these cases need early attention from counsel. Our team covers the common fact patterns in our overview of CTA accident claims.
Dangerous roads and intersections. When a Cook County road, an Illinois Tollway segment, or a municipal intersection was designed or maintained in a way that caused a crash, the county, the Tollway Authority, or the municipality may share liability. These cases often turn on prior notice of the hazard and the entity’s discretionary-function defense.
Public vehicle crashes. Collisions caused by CTA buses, city snowplows, police cruisers, ambulances, school district vehicles, and state-owned vehicles. When the driver is a public employee acting within the scope of their duties, the government entity is the real defendant.
Medical care at public hospitals. Malpractice at a county hospital, a state veterans facility, or a University of Illinois medical center is treated as a public-entity claim with the notice and filing rules that come with it.
Plazo para reclamar contra una entidad pública
Deadlines for claims against an Illinois government entity are much shorter than standard personal injury deadlines, and they split depending on who you are suing.
For claims against the State of Illinois, you file in the Court of Claims. You must file a notice of your claim with the Illinois Attorney General and the Clerk of the Court of Claims within one year of your injury, or file the lawsuit itself within one year. Miss the notice window without filing suit in time and the court will dismiss your case.
For claims against local entities (cities, counties, park districts, school districts, CTA, and similar), the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101) gives you one year from the date of the incident to file suit in the appropriate county circuit court.
A medical malpractice claim against a local public entity follows a different rule: two years from the date you knew or should have known you were injured, with an outer limit of four years from the date of the malpractice. For more on Illinois filing deadlines, see our overview of the Illinois statute of limitations.
Frequently Asked Questions About Illinois Government Liability Claims
Can you sue the City of Chicago?
Yes, but your claim is governed by the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10). In most situations you cannot sue the City for ordinary negligence. You usually have to show willful and wanton conduct, meaning an intent to cause harm or a conscious disregard for the safety of others. You also have to file within one year of the incident, much shorter than the standard personal injury deadline in Illinois.
What is the Illinois Tort Immunity Act?
The Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10) shields cities, counties, school districts, park districts, forest preserve districts, and other local public entities from many tort claims. It still allows lawsuits in specific situations, including willful and wanton conduct, crashes caused by public vehicles, and certain known hazards on public property. A separate set of rules, the Court of Claims Act (705 ILCS 505), controls claims against the State of Illinois itself.
How long do I have to file a government liability claim in Illinois?
One year from the date of the incident for most claims against a local public entity in Illinois, under 745 ILCS 10/8-101. Claims against the State of Illinois go through the Court of Claims and also have short deadlines, so early notice is critical. Medical malpractice claims against a local public entity follow a two-year discovery rule with a four-year outer limit.
Is there a damage cap on government liability cases?
Yes, for most tort claims against the State of Illinois through the Court of Claims. The base cap under 705 ILCS 505/8(d) is $2 million, but it is adjusted each year for inflation; the 2025 figure was $2,560,483. The cap does not apply when a state employee was operating a state-owned vehicle. Claims against local entities like the City of Chicago are not subject to the Court of Claims cap, but other tort immunity rules limit recovery.
What is the difference between state and local government immunity?
Claims against the State of Illinois are heard in the Illinois Court of Claims under the Court of Claims Act. Claims against local public entities (cities, counties, school districts, park districts, CTA, and similar) are filed in the appropriate county circuit court, such as the Cook County Circuit Court, and are governed by the Local Governmental and Governmental Employees Tort Immunity Act. The notice rules, deadlines, and damage caps differ, which is why it matters to pin down the correct defendant early.
Permítanos ayudarle cuando un gobierno es responsable de sus lesiones
Personal injury cases can be complicated enough without a government entity involved. When you think a state or local government or branch of the government is to blame, it is essential that you call a lawyer. Our team at Staver Accident Injury Lawyers, P.C. is well-versed in Illinois government immunity laws. We know when and how we can sue a state or local government entity.
Para obtener más información sobre la responsabilidad y la inmunidad del gobierno, envíenos su información a través de nuestro formulario en línea o llame al (312) 236-2900. Ofrecemos consultas gratuitas y aceptamos casos en base a honorarios de contingencia. Usted no paga a menos que ganemos.
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