Can You Sue a Government Agency for Wrongful Death in Illinois?

When a loved one’s life is cut short due to negligence, families are often left grappling not only with their grief but also with the overwhelming question of accountability. In many wrongful death cases, the party responsible may be a private individual or corporation. But in others, a government entity, such as a city, county, school district, transit authority, or even the State of Illinois, may bear responsibility. These cases are governed by special laws that determine whether you can sue, how your claim must be filed, the deadlines you must meet, and what damages you may be entitled to recover.

“Government cases move on a different track. Deadlines are shorter, procedures are stricter, and immunities are real hurdle, yet many claims are still winnable with the right strategy, early evidence preservation, and a disciplined approach to notice and filing.” – John J. Malm, Naperville wrongful death lawyer

Illinois Laws Governing Wrongful Death Against the Government

The Illinois Wrongful Death Act (740 ILCS 180) is the primary statute that allows families to bring a claim when someone’s death is caused by negligence. Under this Act, the decedent’s personal representative may recover compensation for surviving family members, including the loss of financial support, companionship, and, since 2007, damages for grief, sorrow, and mental suffering. However, the law specifically prohibits punitive damages when the defendant is the State of Illinois, a local government, or a government employee sued in an official capacity.

The Illinois Survival Act (755 ILCS 5/27-6) is also crucial in these cases. Unlike the Wrongful Death Act, which compensates the family, the Survival Act allows the estate itself to recover damages the deceased could have pursued had they lived. These damages can include medical bills, lost wages, and conscious pain and suffering experienced before death.

Together, these statutes provide the framework for recovery, but government liability comes with unique challenges.

State vs. Local Government Claims

Illinois law distinguishes between claims against the State of Illinois and claims against local government entities such as cities, counties, school districts, and park districts.

Claims against the State must be filed in the Illinois Court of Claims, not the regular circuit court. There are strict notice requirements under the Court of Claims Act (705 ILCS 505/), including filing a verified complaint and a written notice with the Attorney General and Clerk of the Court within one year. Missing these deadlines can result in losing the right to pursue the claim altogether.

Claims against local governments are subject to the Illinois Local Governmental and Governmental Employees Tort Immunity Act. These claims are filed in circuit court, but the deadline is much shorter, just one year instead of the two years that typically apply to wrongful death cases. The Tort Immunity Act also gives government defendants certain defenses, such as immunity for discretionary decisions or emergency responses by police or firefighters.

For public transit cases, including those involving the Chicago Transit Authority (CTA) or Pace buses, Illinois law also imposes a one-year statute of limitations. Although the old six-month notice requirement was repealed in 2009, families still need to act quickly.

If the case involves a federal agency, such as a Veterans Affairs hospital or the U.S. Postal Service, the claim falls under the Federal Tort Claims Act (FTCA). Families must first file an administrative claim, and only after denial or inaction may they pursue the case in federal court. Punitive damages are not permitted under the FTCA.

Strict Deadlines

One of the most important aspects of wrongful death cases against government entities is the filing deadline. Families generally have:

• One year to sue local governments or their employees (745 ILCS 10/8-101).
• One-year notice plus filing, for State of Illinois claims in the Court of Claims.
• One year for CTA or Pace wrongful death cases.
• Two years to file an administrative claim under the FTCA for federal agency cases.

Because of these strict timelines, families should never assume they have the standard two years. Missing a deadline can permanently bar recovery.

Governmental Immunities and Defenses

Another challenge in suing a government entity is overcoming immunity defenses. For example, under the Tort Immunity Act, local governments are not liable for discretionary acts, such as policy-level decisions about how to allocate resources. However, they may be liable for ministerial acts, which involve carrying out established policies. Similarly, emergency responders such as police officers and firefighters are often shielded from liability unless their conduct was willful and wanton rather than merely negligent.

These immunities raise the bar for plaintiffs, requiring thorough investigation and careful pleading. Evidence such as body-camera footage, 911 recordings, dispatch logs, vehicle data, and internal policies can often be critical in proving whether conduct was discretionary or whether it rose to the level of willful and wanton misconduct.

Recoverable Damages in Wrongful Death Cases

Although punitive damages are not available against government defendants, families can still recover substantial compensation through wrongful death and survival claims. Under the Wrongful Death Act, damages may include financial losses, the loss of society and companionship, and the grief and sorrow of family members. Under the Survival Act, damages may include medical expenses, lost earnings, and pain and suffering experienced by the decedent before death.

In Illinois, the court allocates wrongful death damages among the surviving spouse and next of kin according to their degree of dependency, rather than splitting the award equally. This ensures that those who were most financially and emotionally dependent on the deceased are compensated fairly.

Frequently Asked Questions about Government Wrongful Death Claims

Can I sue a city or county for wrongful death?
Yes, but you must file within one year, and the city or county may assert immunity under the Tort Immunity Act.

Can I sue the State of Illinois?
Yes, but these claims must be filed in the Illinois Court of Claims, and strict notice requirements apply.

Can I sue the CTA or Pace?
Yes, but you have just one year to file suit.

Can I recover punitive damages?
No. Punitive damages are barred against government entities in Illinois.

Who receives compensation in a wrongful death claim?
Damages are distributed among the surviving spouse and next of kin according to their dependency on the deceased.

Contact the Compassionate Illinois Wrongful Death Lawyers at John J. Malm & Associates

At John J. Malm & Associates, we have extensive experience representing families in wrongful death cases, including those involving government entities. Our top-rated Illinois wrongful death attorneys know how to navigate the Illinois Court of Claims, anticipate immunity defenses, and preserve critical evidence before it disappears. If you believe that a government agency’s negligence caused your loved one’s death, do not wait. Contact our office today to schedule a free consultation and learn how we can help you pursue justice for your family.