Chicago is the third largest city in the U.S., with more than two and half million people calling the city home and over 50 million visitors each year. It also employs more than 33,000 people who may cause a motor vehicle accident while on duty. If you are involved in an accident with a Chicago city employee and believe the accident was their fault, you may consider suing. Because the accident involves a government employee, the rules for a civil claim are different. Chicago injury lawyers can guide you through the complicated process.
How Sovereign Immunity Works
Chicago, like every City government across the nation, has immunity from certain kinds of liability and lawsuits; referred to as sovereign immunity or governmental immunity. Issues happen day-to-day and this protects the city and employees from liabilities.
Chicago’s sovereign immunity laws are outlined in the Local Government and Governmental Employees Tort Immunity Act. Employees protected under this Act include both present and former employees, officers and board or commission members, regardless of whether they received compensation for their job.
Can You Sue the Government?
The Tort Immunity Act makes it much harder to bring a civil lawsuit against government entities or employees, but this does not mean it is impossible. Despite immunity, Chicago does allow personal injury lawsuits under certain conditions.
If you are injured in a car accident caused by an employee of the City of Chicago, you can sue for compensation for any injuries or damages to you or your vehicle.
However you must know or prove:
- A responsible and active member of the government.
- Your injury a direct result of the motor vehicle accident.
- A type of accident whose liability in the civilian world results in the other party at fault.
- Why waive government immunity.
You must also provide proper notice that you are suing, which has a set time frame and limitations. Due to its complex nature, contact experienced Chicago injury lawyers before you decide to sue the government. Don’t leave it up to chance.
Chicago’s Claim Process
The City of Chicago Claims Unit processes property damage and personal injury claims that involve the City of Chicago or any of its employees.
To file a Notice of Claim, complete the Auto Liability Property Damage/Personal Injury Claim Form found on the City Clerk’s website. Attach all relevant documents to support your claim, such as police reports, physician reports, medical records, witness statements, photographs, estimates for repair costs, etc.
You must file your notice within one year of the date of your accident/injury, which is the statute of limitations for claims against the Chicago government. There is also a $100,000 cap on damages you can recover, no matter how much you are claiming or how much your injury/property damage costs. Local government entities are also immune from punitive damages.
Your Notice of Claim is not a civil claim. Basically, it is a pre-claim to notify the City of the accident, which they will then investigate and determine fault. You typically receive a written response within 45 days of submitting your claim form to the City Clerk’s office. The City may either decide to pay your claim, or, more likely, deny it.
If your claim is denied, you may then file a personal injury lawsuit against the city and/or employee who caused the accident. You have one year from the time your claim is denied to pursue your lawsuit. However, the sooner, the better.
Don’t worry if you find out that the state ultimately claims fault. The rules for State of Illinois are almost identical to the City of Chicago. File a Notice of Intent of Claim for Personal Injury with the Illinois Court of Claims. Don’t forget to file with the State Attorney General.
Hire Top Chicago Injury Lawyers
Injured in a car accident caused by a Chicago city employee? You need a team of experienced Chicago injury lawyers in your corner. At Lerner and Rowe Injury Attorneys, we bring experience, skill and passion to your case. Visit our office from 8:00 a.m. to 5:00 p.m. or use our convenient LiveChat online. We are also available to take your call 24/7 at 844-977-1900. We offer free consults and no fee unless we win your case!
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.