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Bringing a Personal Injury Claim Against the State of Illinois

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Illinois personal injury claim, Illinois personal injury attorney, State of Illinois liability, Experiencing a personal injury caused by the wrongful act of another can be traumatizing. Attempting to receive compensation for the injury you have suffered can be an even more complicated process. However, if you suffered a personal injury that was the result of a wrongful act or negligence of an Illinois state employee or agency, you may have a better chance at relief than if your injury had been caused by a someone in the private sector. Personal injuries caused by a Illinois state agency or employee can include injuries sustained while imprisoned or while on the premises of an Illinois state agency property. In order to successfully win your claim against the state of Illinois, you will need to understand the claim filing process.

The Illinois Court of Claims

The Illinois Court of Claims is the body that hears all claims for personal injury or money damages that are brought against an Illinois state employee or agency. The court is also entrusted with the duty of awarding compensation to the dependents of victims that are killed in the line of duty and are covered under the Crime Victims Compensation Act, as well as firefighters, National Guard members, and police officers. Court commissioners are lawyers appointed by the court who receive and manage evidence, conduct trials, and dispense confidential recommendations to the court. Every year, around 8,500 cases are filed with the court against the state of Illinois. Such suits often revolve around personal injury and violent crime offenses.

Bringing a Personal Injury Claim Against the State of Illinois

The statute of limitations for filing a personal injury suit for damages against the state of Illinois is one year from the date that the injury was sustained or when the cause of action accrued. The filing must be made to the Illinois Attorney General's office and also at the office of the Illinois Clerk of the Court of Claims, and can be filed by either the injured party, or that party's attorney or agent. The claim filed must include the name of the party who caused the accrual of the cause of action, the name and home address of the injured party, a brief description of how the accident causing the personal injury occurred, the name of the injured party's attending physician as well as the date, time, and place where the accident occurred.

The party's who are covered under this law include:

  • The State of Illinois;
  • The Illinois Medical Center Commission;
  • The Board of Trustees of the University of Illinois;
  • The Board of Trustees of Southern Illinois University;
  • The Board of Trustees of Chicago State University;
  • The Board of Trustees of Eastern Illinois University;
  • The Board of Trustees of Governors State University;
  • The Board of Trustees of Illinois State University;
  • The Board of Trustees of Northeastern Illinois University;
  • The Board of Trustees of Northern Illinois University;
  • The Board of Trustees of Western Illinois University; and
  • The Board of Trustees of the Illinois Mathematics and Science Academy.

The law allows an injured party to not only bring suit against all Illinois state agencies, but it also allows injured parties to bring suit against those organizations that are affiliated with the state of Illinois and/or operate under the umbrella of the state of Illinois.

Do you need assistance receiving the compensation you deserve for a personal injury you sustained? Contact one of the Illinois personal injury attorneys at the Law Offices of Cosmo Tedone and Barbara Morton, P.C. in Joliet, Illinois.
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