Illinois Notice of Claim Against the State

Introduction

Key Things to Know

1. 1

   The deadline is strict. If the notice under 705 ILCS 505/22-1 is not filed as required, the action is dismissed and the personal injury claimant is forever barred from further action in the Court of Claims (705 ILCS 505/22-2).

2. 2

   For a personal injury claim against the State, the notice is due within 1 year from the date the injury was received or the cause of action accrued. For wrongful death, it is due within 1 year from the date of death or the date the executor or administrator is qualified, whichever is later.

3. 3

   The notice must be filed in the office of the Attorney General AND in the office of the Clerk of the Court of Claims. Filing with only one of them does not meet the rule. The claimant, an agent or an attorney may file it.

4. 4

   The notice gives the name of the person to whom the cause of action accrued, the name and residence of the person injured, the date and about the hour of the accident, the place, a brief description of how it occurred, and the attending physician's name and address, if any.

5. 5

   The separate notice is not needed if the claim itself is filed in the Court of Claims within 1 year of accrual (705 ILCS 505/22-1). Tort claims must be filed with the Clerk of the Court of Claims within 2 years after accrual, and contract claims within 5 years. These limits are binding and jurisdictional.

6. 6

   For a city, county, school district or other local entity, the Tort Immunity Act sets a suit deadline: most civil actions must be commenced within 1 year from the date of injury or accrual (745 ILCS 10/8-101(a)). Patient care actions have 2 years from discovery, with a 4-year outer limit (8-101(b)). Its former notice section, 8-102, is repealed. Check with the entity's clerk or risk management office about its current process.

7. 7

   State tort awards in the Court of Claims are capped at $2,000,000 per claimant, except tort cases arising from a State employee's operation of a State-owned, leased or controlled vehicle (705 ILCS 505/8(d)). Local entities are not liable for punitive or exemplary damages (745 ILCS 10/2-102).

Illinois Requirements for Notice of Claim

• One-Year Notice for State Claims

  705 ILCS 505/22-1: notice of a personal injury claim against the State is due within 1 year from the date the injury was received or the cause of action accrued.

• Wrongful Death Notice Timing

  705 ILCS 505/22-1: for wrongful death, notice is due within 1 year from the date of death or the date the executor or administrator is qualified, whichever is later.

• Two Recipients

  705 ILCS 505/22-1: the notice is filed in the office of the Attorney General and in the office of the Clerk of the Court of Claims, by the claimant, an agent or an attorney.

• Missed Notice Bars the Claim

  705 ILCS 505/22-2: if the notice is not filed as required, the action is dismissed and the personal injury claimant is forever barred in the Court of Claims. Under 705 ILCS 505/22-1, notice is excused if the claim itself is filed within 1 year of accrual.

• Court of Claims Filing Limits

  705 ILCS 505/22: tort claims within 2 years after accrual, contract claims within 5 years. The limits are binding and jurisdictional (22(j)).

• Local Entity Suit Deadline

  745 ILCS 10/8-101(a): a civil action against a local entity or its employees must be commenced within 1 year from injury or accrual; patient care actions, 2 years from discovery with a 4-year outer limit (8-101(b)). Section 8-102 is repealed.

• Damages Limits

  705 ILCS 505/8(d): State tort awards capped at $2,000,000 per claimant, except State-vehicle cases. 745 ILCS 10/2-102: no punitive or exemplary damages against local entities.

• Required Notice Contents

  State the person to whom the claim accrued, the injured person's name and residence, the date and about the hour, the place, how the accident occurred, and the attending physician, if any.

• Wrongful Death Details

  For a wrongful death notice, add the decedent's name and last residence, the date of death, and the treating hospital.