Can I Sue The Government For Negligence?

In some cases, you can sue them. However, suing the government is harder than suing an individual or business. Although governments enjoy sovereign immunity, the Illinois Tort Claims Act and the Federal Tort Claims Act allow plaintiffs to recover damages in certain instances.

Navigating these restrictions can be challenging, whether you’ve been injured in a government-related car accident, suffered harm due to unsafe public property, or experienced negligence from a government entity. Walton Telken helps Edwardsville residents wondering, “Can I sue the government for negligence?“

Can You Sue the Government for Negligence in Illinois?

Yes, under Illinois law, you may bring a negligence claim against a government entity. Illinois has specific provisions to address such claims through the Illinois Tort Claims Act. However, strict procedures and requirements apply when filing claims against state or local governments in Illinois, so it’s essential to understand the steps.

If you’ve been involved in a car accident caused by a government vehicle or suffered harm due to unsafe conditions on public property, you have legal options. Here’s a closer look at the Illinois Tort Claims Act and how it applies to negligence claims.

Illinois Tort Claims Act

The Illinois Tort Claims Act governs lawsuits brought against the state of Illinois, its employees, and certain other entities for negligence. This Act provides a limited waiver of sovereign immunity, meaning you can sue for specific acts of negligence. According to the Illinois Legislature, claimants must follow strict procedures, including deadlines and specific filing requirements.

Key points under the Illinois Tort Claims Act:

Scope of the Act

This act applies to claims arising from injuries caused by government employees acting within the scope of their official duties. 

Notice Requirements

In most cases, plaintiffs must submit a written notice of claim within one year of the incident. 

Damage Caps

The act limits the amount of compensation that can be awarded to individuals.

Vehicle Accident

Government-related vehicle accidents, such as being struck by a car or truck operated by a government employee, often fall under the Illinois Tort Claims Act. Examples include: 

• A government employee’s failure to obey traffic laws. 
• A city-owned truck running a red light. 
• Accidents involving public transportation, such as buses or trains. 

When building a car accident case, it’s crucial to determine whether the driver was acting within their employment scope. This determination significantly impacts the government entity’s liability. It’s also important to ensure proper claims are filed, and deadlines are met in vehicle accident cases involving government vehicles.

Personal Injury

Filing a personal injury claim against a government entity is possible but more challenging than standard cases. These claims can involve slips and falls on unsafe public property, injuries from defective roads or poorly maintained government facilities, and harm from police misconduct or other public servant actions. To prove negligence, you must show that the government’s failure to act responsibly directly caused your injury.

The Federal Tort Claim Act

Your case involving federal government negligence likely falls under the Federal Tort Claims Act (FTCA). Yes, you can sue the federal government for negligence in certain scenarios. Passed in 1946, the FTCA waives sovereign immunity for specific tort claims, allowing individuals to seek compensation.

According to the Congressional Research Service, the FTCA applies to negligence by federal employees acting within their official duties. Notable aspects include:

• Claims Covered: Injuries caused by vehicles, medical malpractice at federal hospitals, or premises liability on federal property.
• Limitations: Claims arising from discretionary functions or intentional misconduct typically remain immune.
• Procedure: A claim must first be filed with the federal agency responsible for the harm. Plaintiffs can only file a lawsuit if the agency denies or fails to resolve the claim within six months.

Legal proceedings under the FTCA can be highly technical, requiring deep expertise to meet filing deadlines and demonstrate negligence. Walton Telken Bragee is equipped to efficiently guide clients through FTCA claims.

Challenge of Winning a Claim Against the Government

Suing the government for negligence is possible, but it comes with unique challenges. Strict deadlines, complex procedures, and government immunity laws can make these cases frustrating and difficult to win. However, with an experienced legal team on your side, you can navigate the process and fight for the compensation you deserve.

Get Expert Help with Your Government Negligence Case

Were you injured due to government negligence in Illinois? Don’t navigate this complex legal process alone. At Walton Telken, we have the experience and knowledge to fight for your rights under the Illinois and Federal Tort Claims Act. Contact us today for a free consultation—call 618-272-2284 or visit us at 241 N Main St., Edwardsville, IL. Let us help you secure the compensation you deserve.

“Walton Telken Bragee’s Managing Partner Attorney Troy E. Walton has over 25 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction, and workers’ compensation cases.”

Troy E. Walton

Trial Lawyer & Managing Partner