Can Public Servants File Personal Injury Claims Against Civilians?

 Posted on January 28, 2025 in Personal Injury

First responders like police officers, state troopers, firefighters, and paramedics are frequently placed in dangerous situations. When a public servant gets hurt in the line of duty, workers’ compensation will not always be enough to cover the damages. In many cases, public servants can file a personal injury claim against a liable or negligent civilian, allowing them to recoup significant losses from an injury.

At Schwartz Injury Law, we recognize the important work that first responders do. If you have been injured by a civilian while working as a public servant, you may have grounds to file a personal injury claim against the liable party. Our personal injury attorneys are ready to argue aggressively on your behalf to make sure you get the compensation you are owed. We have an outstanding track record of securing major wins for our clients and are willing to go to trial if negotiations do not result in a fair settlement.

Catastrophic Injuries

As previously mentioned, the nature of a public servant’s work often exposes him or her to perilous situations. When an injury is so severe as to leave the victim with permanent or long-term damage, it is referred to as a catastrophic injury. Civilian negligence can result in different kinds of catastrophic injuries to public servants, such as:

• Head injuries resulting in brain damage

• Spinal cord injuries resulting in paralysis

• Severe, disfiguring burns

• Debilitating fractures

• Loss of a limb

In Illinois, Scott’s Law was created to protect first responders by requiring that civilians yield to stationary emergency vehicles and give them adequate space. This comes with criminal penalties for anyone who violates it, but a victim may also be able to pursue compensation in a personal injury claim. At Schwartz Injury Law, we can help you collect meaningful compensation after a catastrophic injury, factoring in your long-term damages.

Damages in a Personal Injury Claim

Before you file a claim against a civilian, you should know what kind of damages you can be paid out for in a settlement or verdict. A personal injury attorney at Schwartz Injury Law can give you a fair assessment of what your claim is worth, making sure you go into the legal proceedings fully informed.

First, you should take your economic damages into account, which represent your monetary expenses from an injury. This may factor in your lost wages while you are unable to work, permanent loss of your income, and your medical expenses. In cases of catastrophic injury, your economic damages may also include arrangements for your continuing care if you cannot live independently.
Non-economic damages are often overlooked, but are no less important. These damages are not easily quantified, instead factoring in abstract losses like pain and suffering or a change to your quality of life. First responders may suffer from PTSD as a result of an injury on the job, which can be acknowledged in your claim.

At Schwartz Injury Law, we will advocate for maximum compensation on your behalf, fighting for your rights in negotiations or in court. To make sure you get everything you are owed, we will go to great lengths to prove the civilian’s fault for your injury, compiling evidence such as photos, witness statements, and more. Note that there is a two-year statute of limitations in place for personal injury claims, so it is in your best interests to take legal action as soon as possible.

Fireman’s Rule

In Illinois, firefighters face certain restrictions in the legal action they can take against property owners for premises liability under the state’s "fireman’s rule." To elaborate on this concept, the law specifically prevents firefighters from suing property owners for injuries resulting from a fire, but exceptions can be made for cases where the property owner in question creates unreasonably unsafe conditions by their own negligence. Talk to a lawyer to learn more about whether this may apply to your situation. 

Does Illinois Have Sovereign Immunity?

The state of Illinois is not immune to prosecution in personal injury cases, though it does have more protections than the average citizen. You can file a claim against government entities and agents under the Court of Claims Act to collect damages in a personal injury case. However, under the Illinois Tort Immunity Act, government employees enjoy immunity from prosecution, save for cases of "willful and wanton conduct" when an employee shows a clear disregard for the safety of other people or an intent to cause harm.

If you are unsure of your legal protections as a public servant, Schwartz Injury Law can inform you of your rights in a private session.

Building a Case for a Personal Injury Claim

If you have suffered an injury as a result of a civilian’s actions, you will have to prove that the civilian’s negligent actions caused you harm. For instance, if you were struck by a car while carrying out a traffic stop, you can cite the driver’s inattention as proof of his or her liability. Texting while driving or drunk driving are both common examples of civilian negligence that leads to first responders getting hurt.

Even if you share some fault for an injury caused by a civilian, you may still be entitled to compensation per the state’s modified comparative negligence laws. With comparative negligence, you can still get paid for your damages in a personal injury claim as long as you were less than 50 percent at fault. That being said, you may lose a percentage of compensation proportional to your fault for the accident.

Meet With a Joliet, IL Personal Injury Attorney

If you have been hurt while performing your duty as a public servant, you may be able to collect compensation from the party responsible for the accident. At Schwartz Injury Law, our Will County, IL personal injury lawyers can help you get justice for your injuries, advocating for a solution that serves your interests.

Over the history of our firm, we have secured significant compensation for our clients, with settlements and verdicts in the millions. In one case, we fought for the widow of a state trooper who had been killed in a truck accident and successfully won a major payout. To schedule a free consultation with our legal professionals, call our offices at 708-888-2160 today.