Personal injury cases are often complicated, especially when there is a lack of evidence or documentation. Another common factor that can make personal injury cases more complex is when the incident involves a government entity, such as a collision with a public bus or a fall in a government building.
In these cases, you may have the option to sue the government for the damages you’ve suffered. However, there are limiting factors and nuances that you should be aware of. Below, our firm will break down what you need to know about suing the government in Illinois, including the potential complications you may encounter along the way.
How Are Government Injury Claims Different From Those Involving Private Entities?
Government entities benefit from what’s called the Tort Immunity Act. This legal doctrine protects government offices against specific types of liability, except in cases where specific exceptions apply. What this means is that the government is immune to certain personal injury claims that might otherwise be brought against a private entity.
Even when immunity does not apply, there are specific procedures that you must follow to be successful in your case. For one, the filing deadline in many personal injury cases is two years. However, in government personal injury claims, the statute of limitations is typically only one year..
Finally, and most importantly, injury claims against government entities are often held to a stricter legal standard. It’s not enough to simply show that the government was negligent. In many cases, you’ll need strong, specific evidence that the agency or employee acted with willful or reckless disregard for public safety, a higher standard than ordinary negligence.
You’ll need strong, specific evidence that the agency or employee acted with willful or reckless disregard for public safety, a higher standard than ordinary negligence.
When Might You Be Able to File a Personal Injury Claim Against a Government Entity?
Each set of facts is unique and requires analysis by a trained attorney. Generally speaking, claims relating to the following subject areas may be brought against government entities:
Poorly Maintained Public Spaces and Roads
Public spaces like sidewalks, roads, parks, schools, and government offices are generally maintained by city, county, or state governments. If you are injured due to poor maintenance or hazardous conditions, such as slipping on a poorly maintained stairwell in a government building or tripping over a pothole that the city had received notice of the dangerous condition or and/or prior injuries caused by the condition, you may be able to file a personal injury claim against the responsible government entity. Your success will often depend on showing that the government had notice of the hazard and failed to take reasonable steps to fix it.
Public Transportation Accidents
In some respects, a public transportation agency can be sued for the acts of its employees, including drivers. Generally, the driver’s negligence must be clear and not involve external factors that made the accident unavoidable. For example, if a bus driver hit you while texting and driving, you likely have a stronger claim against the transportation agency as compared to a case in which a bus driver hit the brakes suddenly to avoid a jaywalker and you, as a passenger, were injured as a result.
Police Misconduct
In cases of police misconduct, the law generally provides an even greater immunity than other types of government workers. However, this immunity isn’t without restriction. If you can show that the officer’s actions were unreasonable and/or in violation of internal policies, you may be able to bring a claim for misconduct and damages..
Medical Malpractice in Public Hospitals or Clinics
Just as with private healthcare facilities, it is possible to file a medical malpractice lawsuit against a public hospital or clinic. In both cases, you will need to show that the healthcare provider failed to meet the accepted standard of care, that is, the level of care a reasonably competent provider would offer under similar circumstances.
Thinking About Suing the Government for a Personal Injury? Power Rogers Can Help
In sum, there are many challenges when it comes to suing the government for a personal injury. To be successful, you’ll need to act quickly and diligently when filing your claim. Government personal injury cases are highly scrutinized, and without highly skilled legal guidance, they can easily be dismissed.
Power Rogers understands the unique nuances involved in government personal injury cases. If you’ve been injured and need help figuring out your next steps, we can help. Contact our firm today for a free consultation.
