If you want to file a lawsuit against the State of Illinois, you must file your claim at the Illinois Court of Claims.
The claim must be:
- against the state agency or state employees,
- based on state laws rather than federal laws, and
- filed within the statute of limitations.
The Court of Claims does not deal with lawsuits for:
- worker’s compensation,
- expenses in other lawsuits, or
- reviewing administrative decisions that are reviewed in circuit court or appellate court.
Things you can sue the State of Illinois for
There are many different types of things you can file a lawsuit against the state for. Select the issue below to see the correct form:
- Personal injuries that result from the action of the State of Illinois, its agent, or its employees;
- Benefits as survivors of individuals who die while on duty as policemen, firemen, or members of the Armed Services for benefits;
- Beneficiaries of individuals who die while serving in the Illinois National Guard of Illinois Naval Militia may file for benefits;
- Reimbursement for out-of-pocket expenses as a victim of a violent crime;
- Lapsed Appropriation Claim: payments for your goods and services that the state failed to pay you for in the current fiscal year;
- Replacing a warrant or check that was issued by the state less than 5 years ago;
- Benefits as a member in the Medical Assistance Program (Medical Vendors);
- Property damages that were caused by the state; and
- Reimbursement of vehicle or driver service charges from the Secretary of State.
There is a fee to file your complaint:
- Claims between $50 and $1,000: $15 filing fee
- Claims more than $1,000: $35 filing fee
If you cannot afford the fee, you can apply for a fee waiver.
Fill out and sign the correct forms. Then send the form with a check for the filing fee to:
Illinois Court of Claims
630 S. College St.
Springfield, IL 62756
The difference between the Court of Claims and the Attorney General’s Office
The Illinois Attorney General Office represents the people of Illinois, but not any individual person.
If you file a complaint with the Attorney General’s Office, they will investigate your claim. They may also sue the party in the court. But if they win the case, the money they get from the suit will go to the state, not you.
Updated: March 2018