Yes, you can file a claim if you were injured on public property in Illinois. However, these cases can be more complicated than typical personal injury claims because they involve government entities. Understanding the specific rules and requirements is essential to protect your rights and pursue compensation.
What Is Considered Public Property?
Public property includes any land or buildings owned or maintained by a government entity — whether it’s a city, county, state, or federal agency. Common examples of public property include:
- Parks and recreational areas
- Public sidewalks and roads
- Government buildings
- Public transportation facilities
- Recreational facilities like sports complexes
If you’re injured on public property due to dangerous conditions, the responsible government agency or municipality may be held liable. However, the process of filing a claim against a government entity differs significantly from suing a private property owner.
Filing a Claim Against a Government Entity in Illinois
1. Notice of Injury Requirements:
One of the most critical steps in a public property injury claim is filing a Notice of Injury within a strict timeline.
- For claims against the state, you typically have one year from the date of the injury to file the notice.
- For claims against local governments or municipalities, the deadline may be as short as six months.
- After giving notice, you may still have up to two years to file the actual lawsuit, but missing the initial notice deadline can result in losing your right to sue.
Due to these tight deadlines, it’s important to act quickly and consult an attorney as soon as possible.
Proving Liability:
Unlike private injury claims, where proving negligence is sufficient, suing a government entity in Illinois requires proving willful and wanton conduct. This means you must demonstrate that the government:
- Knowingly endangered people, or
- Acted with a conscious disregard for the safety of others.
For example:
- If a public park had a damaged bench that caused your injury, you must prove the responsible agency knew about the hazard and failed to act.
- If a road defect caused an accident, you must show that the government had been previously notified of the problem and did nothing to repair it.
Government Immunity and Exceptions:
Government entities in Illinois often have immunity from liability, but there are exceptions:
- Immunity does not apply when the injury results from willful and wanton misconduct.
- Immunity may also be challenged if the government entity failed to maintain public property after knowing it posed a risk.
It’s important to note that even when liability is established, the types of compensation you can recover are limited. You may be eligible for:
- Economic damages (medical expenses, lost wages)
- Long-term disability costs if applicable
- You cannot recover non-economic damages (like pain and suffering) when suing the state.
Compensation You Can Recover:
If your claim is successful, you may be entitled to:
- Medical expenses: Both current and future costs related to your injury.
- Lost wages: Compensation for missed work or reduced earning capacity.
- Long-term disability: If the injury results in permanent impairment.
However, unlike private claims, you generally cannot claim non-economic damages (like pain and suffering) when suing the Illinois state. This makes it essential to calculate and document your economic losses accurately.
Why You Should Work with an Experienced Lawyer
Filing a claim against a government entity can be legally complex due to:
- Strict deadlines for filing a Notice of Injury.
- The higher burden of proving willful and wanton conduct rather than just negligence.
- Limited types of compensation available.
An experienced personal injury lawyer can:
- Ensure you meet all deadlines.
- Gather critical evidence to prove the government’s liability.
- Advocate for maximum compensation despite legal restrictions.
At The Illinois Hammer Injury Attorneys, we have extensive experience handling public property injury cases in Illinois. We understand the challenges and know how to navigate the legal process effectively. Contact us for a consultation to discuss your case and learn how we can help.
