Illinois Tort Immunity


Suits against “local public entities,” including counties, townships, municipalities, municipal corporations, school districts, park districts, fire protection districts, and sanitary districts, fall under the purview of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101.

Statute of limitations

In claims wherein the tortfeasor is a local public entity such as counties, townships, municipalities, school districts, park districts, fire protection districts, sanitary districts and their employees, the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 may apply. Unless the claim involves patient care, the applicable statute of limitations is one year from the date of the injury or the cause of action accrues. 745 ILCS 10/8-101

Filing restrictions against the state

In claims against the State of Illinois, the time restrictions for filing against the state in the Court of Claims are set forth in 705 ILCS 505/22 and includes five years from the date of accrual for contract and two years for tort claims.

Filing restrictions for a personal injury claim

In the case of personal injury claims, written notice must be provided to the Attorney General and the Clerk of the Court of Claims within one year from the date of injury. However, notice is not required if the claim is filed within one year of accrual. 705 ILCS 505/22-1.

If a claim involves a public entity and/or their employees, contact one of our subrogation attorneys to discuss the potential for recovery.