If you are injured in an accident, you are going to want to hold the responsible party accountable so that you can get the compensation you deserve for your injuries. However, if the responsible party is the City of Chicago, that will complicate matters considerably. This is because Chicago has sovereign immunity that protects it from liability for many different types of cases. In addition, the law provides certain procedures that must be complied with in order to hold the City accountable for your personal injuries. This is why it is crucial that you hire an experienced personal injury attorney if you have a claim against the City of Chicago.
What is the Illinois Tort Immunity Act?
The Illinois Tort Immunity Act is a law that protects local governments and employees from liability arising out of the operation of government. While it does not create blanket immunity for all tortious conduct, it can complicate matters if you are injured as a result of the acts or negligence of the City of Chicago. This is because it limits the types of claims that are allowed when you sue the City.
The law provides specific immunity for the government and its employees. This includes immunity from liability for oral promises and misrepresentations, slander and libel for defamatory statements, and failure to grant goods or payments for public welfare. The types of claims that are permitted against the City include motor vehicle accidents, general liability claims (such as slip and fall), property damage, personal injury, breach of contract, and civil rights violations. This means that if you are injured in another way, such as tripping over a pothole, or being discriminated against in housing or employment because of your race, gender, or other protected personal class, you will be able to sue the City provided that you follow the proper procedure.
Do You have to Provide Notice to the City Before Filing a Lawsuit?
If you plan to sue the City of Chicago, you are required to provide a notice of claim within one year of the date of your injury or the incident that gave rise to your lawsuit. This notice must include your name, contact information, and all relevant details of the incident. This includes the amount of damages you are seeking. Copies of the notice of claim must be filed with the Attorney General and the Clerk of the Court of Claims. If you fail to file the notice within the one year timeframe, it is very likely that your case will be dismissed.
There is also a statute of limitations for cases filed against the City of Chicago. For example, if the case involves medical malpractice, you have two years from the date you discovered you were harmed. In any event, the maximum time for suing the City is four years from the date of the injury. Just like with the notice of claim, if you miss this deadline, your case will probably be dismissed.
What Other Limitations are There When Suing the City of Chicago?
In addition to the foregoing, you are going to have other limitations on suing the City of Chicago. For example, damages against the City are capped at $100,000. This is different from other defendants in lawsuits, where there are rarely any damage caps absent language in a contract.
Similarly, the City of Chicago is immune from awards of punitive damages. These types of damages are usually awarded when the defendant acted in an intentional or reckless manner. As its name implies, punitive damages are awarded by a court to punish a defendant that acted improperly. Here, even if the City was reckless, you will not be entitled to an award of punitive damages.
Contact an Experienced Chicago Personal Injury Attorney Today
Suing the City of Chicago involves its own set of rules that make getting compensated for your injuries more difficult. This is why it is important to contact an experienced personal injury attorney at Hale & Monico. Our legal team will help you with your claim against Chicago, making sure you don’t end up in the common pitfalls that often stand in the way of collecting from the City. Contact us today for a free consultation.