You may be able to sue the City of Chicago for injuries due to poor lighting, as well as any property owner who owes you a duty of care and fails to uphold it. These types of lawsuits can be complicated, especially when brought against local governments, and our attorneys can help victims seek the compensation they need.
Generally, Illinois permits plaintiffs to sue local governments only for willful and wanton misconduct, not ordinary negligence. Willfully ignoring poor lighting in parks or other areas, especially if assaults or accidents have occurred there, may warrant a lawsuit. If poor lighting leads to injury on a property owner’s poorly maintained sidewalk or driveway, the property owner may also be liable in a lawsuit. To determine whom to sue and do so before the deadline, contact our lawyers about your case immediately.
Call the Rhatigan Law Offices at (312) 578-8502 for a free and confidential case assessment from our Chicago personal injury lawyers.
Can You Sue the City of Chicago for Poor Lighting that Leads to Injury?
Illinois significantly restricts when victims may file lawsuits against state and local governments, such as the City of Chicago, with the Local Governmental and Governmental Employees Tort Immunity Act. While you may not have a cause of action for ordinary negligence, you may be able to sue if the poor lighting that led to injury was due to willful or wanton misconduct.
Poor lighting in a park or other public area maintained by the city increases the risk of trips, falls, and even assaults. Refusal to address poor lighting in public areas could be seen as willful and wanton misconduct, especially if there have been several assaults or accidents in such areas due to the inadequate lighting.
Failing to address hazards within a reasonable timeframe after being given “constructive notice” may make a public entity liable for subsequent injuries, according to 745 ILCS 10/3-102(a).
While you can typically only sue a local government for willful or wanton misconduct, “exemplary” damages are still not permitted by the Local Governmental and Governmental Employees Tort Immunity Act.
Can You Sue the Chicago Department of Transportation for Poor Lighting that Leads to an Accident?
Suppose you are hurt in a car, bike, pedestrian, motorcycle, or other accident in Chicago due to broken streetlights. In that case, you may be able to file a lawsuit against the Chicago Department of Transportation (CDOT). CDOT is a local government entity, so the same rules for suing apply.
CDOT is responsible for maintaining streetlights throughout the City of Chicago. So, CDOT must respond to reports of broken streetlights in a reasonable and timely manner. Failing to can significantly increase the risk of car accidents. Not only might cars strike other vehicles, but drivers might hit pedestrians or bicyclists at a higher frequency.
How Long Do You Have to Sue the City of Chicago for an Injury Due to Poor Lighting?
You don’t have as long to sue the City of Chicago for an injury due to door lighting as you do to file general personal injury lawsuits in Illinois. Allow our attorneys to file a timely claim on your behalf so you don’t miss the deadline or your chance to get damages.
Under 10/8-101(a), the statute of limitations for claims against local governments and public entities is one year from the date of injury. If delayed discovery occurs, victims have two years from the time they discover their injuries to sue. You have no longer than four years from the date of injury to sue, and additional exceptions the statute of limitations won’t extend the deadline any further.
What if I Can’t Sue the City of Chicago for an Injury Caused by Poor Lighting?
Not all injuries resulting from poor lighting are caused by willful and wanton misconduct, which can render some victims unable to sue the City of Chicago, specifically. That doesn’t mean that someone else isn’t liable, however, and our attorneys can see if another party bears any liability.
For example, suppose a city-maintained streetlamp was out, and you tripped over a large crack in the sidewalk you could not see, suffering injuries. In that case, the property owner may share liability, as they are typically responsible for maintaining the sidewalk adjacent to their properties in Chicago. There are limits to a property owner’s liability for sidewalk imperfections, and our personal injury lawyers can see if they share fault for your damages.
What Damages Can You Sue the City of Chicago for if Poor Lighting Leads to an Injury?
The Local Government and Government Employees Tort Immunity Act does not limit compensatory damages for victims. This means our lawyers can seek payment for all the damages you have incurred, no matter how sizable.
We can start by calculating economic damages, which you may be most concerned about recovering. Tell us about all of the treatments and procedures you’ve had, as well as any hospital stays, prescription medications, or any other medical costs. Tripping and falling injuries can cause bad fractures, back injuries, and concussions, all of which require careful treatment.
Also, please let us know if you are unable to work due to an accident. That substantially increases the value of your claim, which might already be high. Never try to return to work prematurely, as that could jeopardize your case.
Finally, tell us about the intangible harms you’ve experienced. That includes any physical pain, emotional distress, or mental suffering you have felt. Be honest with us about your non-economic damages so we can get enough compensation from your claim.
While Illinois doesn’t limit compensatory damages in claims against local governments and their entities, remember that it blocks punitive damages altogether.
Call Us for Help with Your Injury Claim in Chicago
Call the Rhatigan Law Offices at (312) 578-8502 for help with your case from our Evanston, IL personal injury lawyers.
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