To file a claim against the state of Illinois in the Court of Claims, download the correct CC-numbered form from the Illinois Secretary of State’s publications page, fill it out as a verified complaint with the facts and documentation supporting your losses, and submit it through the electronic filing portal at clerkofthecourt.ilsos.gov. Since December 15, 2025, new filings go through that portal rather than by mail. The Court of Claims is the only court that can hear lawsuits against the state government, and each type of claim has its own form and its own deadline.
Pick the Right Form
There is no all-purpose complaint. Using the wrong form delays your case or gets it returned. The main forms on the Secretary of State’s Court of Claims publications page:
- CC 85 — Property Damage, for claims where state negligence damaged your vehicle, fence, or other property.
- CC 86 — Notice of Intent of Claim for Personal Injury, a preliminary notice required before or with a personal injury complaint.
- CC 84 — Reimbursement, for expenses the state should have covered.
- CC 88 — Lapsed Appropriation, for vendors or contractors owed money by a state agency whose budget authority expired before paying them.
- CC 87 — Lost Warrant, for replacing a state-issued check that was lost or never received.
- CC 93 — Medical Vendors, for healthcare providers seeking payment for services to patients eligible for state medical assistance.
- CC 92 — Line of Duty Death Benefits, for families of public safety officers killed in the line of duty.
- CC 89 — National Guardsmen’s Compensation, for claims under the Illinois National Guardsman’s Compensation Act.
- CC 90 — Fee Waiver Application, for claimants who cannot afford the filing fee.
What Your Complaint Must Include
Every complaint has to be verified, meaning you sign it under oath affirming the facts are true. That’s a statutory requirement under 705 ILCS 505/11, and the court’s rules repeat it: cases begin with a “verified complaint” filed with the Clerk.
Whichever form you use, lay the facts out plainly. Include the exact date and approximate time of the incident, the specific location, and a clear description of what happened. Name the state agency or employee involved and explain how their actions or negligence caused your loss. The court doesn’t need a legal treatise. It needs a chronological account that makes the state’s responsibility clear.
Every dollar you claim needs paperwork behind it. Attach copies of repair estimates, medical bills, invoices, police reports, photographs, and any other records that prove what happened and what it cost. A complaint that lists a dollar amount with no supporting documentation invites delays or dismissal during initial review. Lapsed appropriation claims specifically require itemized bills or invoices attached as an exhibit.
The One-Year Notice for Personal Injury Claims
Personal injury against the state carries an extra step that trips up many claimants. Under 705 ILCS 505/22-1, you must file a Notice of Intent within one year of the date you were injured. The notice goes to two places: the office of the Illinois Attorney General and the Clerk of the Court of Claims. It must include your name and address, the date, time, and location of the accident, a brief description of what happened, and the name of any treating physician.
There’s a narrow escape. If you file the actual complaint within one year of the injury, you can skip the separate Notice of Intent. But if more than a year passes before you file the complaint and you never filed the notice, the claim is dead. Wrongful death claims follow the same rule, with the one-year clock starting from either the date of death or the date the estate representative is appointed, whichever comes later.
Filing Deadlines
The statute calls these deadlines “binding and jurisdictional.” Miss the window and the court cannot hear your case regardless of its merit.
- Tort claims, including personal injury and property damage: two years from when the claim first accrues. Minors and people with legal disabilities get an extension — the two-year clock starts when the disability ends.
- Contract claims: five years from accrual, with the same extension for minors and people under legal disability.
- Vendor claims under the Illinois Public Aid Code: one year after the cause of action accrues.
- Crime victims compensation: one year from the date of the crime.
- Wrongful imprisonment: two years after receiving a certificate of innocence or a governor’s pardon, whichever comes later.
- Line of Duty claims: within the deadline set by the Line of Duty Compensation Act.
- Lost warrant claims: five years after the original warrant’s issue date.
Two years for tort claims sounds generous until you factor in recovery time, gathering medical records, and finding a lawyer. Start the paperwork well before the deadline approaches.
Filing Fees
The Court of Claims charges two tiers of filing fees. For claims of more than $50 but less than $1,000, the fee is $15. For claims of $1,000 or more, it’s $35. Checks or money orders go to “Illinois Court of Claims.”
Several categories require no fee at all: lapsed appropriation claims, lost warrant claims, Line of Duty Compensation Act claims, National Guardsman’s Compensation Act claims, crime victims compensation claims, and medical vendor claims for services provided to state aid recipients.
If you cannot afford the fee, apply for a waiver using Form CC 90. The application must be signed and sworn before a notary public.
How to Submit Your Claim
The filing process changed in late 2025. On December 15, 2025, the Secretary of State launched an electronic filing portal for the Court of Claims at clerkofthecourt.ilsos.gov. All new filings after that date go through the portal. You create an account, follow the step-by-step instructions, and submit your claim and supporting documents electronically.
Cases filed before the e-filing cutoff that are still pending continue through the traditional process unless the Clerk’s office notifies you otherwise. The Court of Claims has two physical offices:
- Springfield: 630 S. College St., Springfield, IL 62756
- Chicago: 115 S. LaSalle St., Chicago, IL 60603
Where the Clerk’s office permits mail filing, the lapsed appropriation form instructions provide a workable baseline: the original complaint plus three additional copies, each with supporting documentation attached, filing fee included, mailed to the Springfield office.
Medical Malpractice: The Affidavit of Merit
Medical malpractice claims against state hospitals or state-employed healthcare providers carry an extra requirement that applies throughout Illinois. Under 735 ILCS 5/2-622, you must attach an affidavit of merit to your complaint when you file. Skipping it or filing it late can get your case dismissed.
Before filing, you or your attorney must consult with a qualified health professional who reviews the medical records and concludes in a written report that your claim has reasonable merit. The reviewer must practice or teach in the same area of medicine as the defendant and must have done so within the last six years. For claims against physicians, dentists, podiatrists, or psychologists, the reviewer must hold the same type of license as the defendant.
If the statute of limitations is about to expire and you haven’t completed the consultation, you can file with an affidavit explaining the time pressure, then submit the full written report within 90 days after filing. The same 90-day extension applies if you requested medical records and the provider failed to produce them within 60 days.
Damage Caps and What You Can Recover
The Court of Claims awards compensatory damages — money for actual, documented losses. Under 705 ILCS 505/8(d), the maximum award for a tort claim is $2,000,000 per claimant. That ceiling covers the vast majority of personal injury and property damage cases against the state.
One significant exception: the $2,000,000 cap does not apply to claims arising from a state employee operating a state-owned or state-controlled vehicle. If a state truck runs a red light and causes catastrophic injuries, the full extent of your proven damages is recoverable without a statutory ceiling.
The court does not award punitive damages. You are limited to actual, documented losses: medical expenses, lost income, property repair or replacement costs, and similar out-of-pocket harm. Keep that in mind when calculating the amount you request.
After You File
Once the Clerk accepts your filing, the case gets a unique case number that you’ll use for all future correspondence and motions. You’ll receive written confirmation the case is on the docket.
The state then has 60 days to file an answer. If the state doesn’t respond, the court treats it as a general denial of your allegations, but the court or a judge can order the state to answer, and failure to comply can result in a default. You get 30 days after the state’s answer to file a reply if one is needed.
Discovery follows the general rules of Illinois civil litigation with a few Court of Claims-specific modifications. Discovery requests and responses are not filed with the Clerk unless the court orders it, though requests for admission and their responses must be filed. For claims involving inmates’ property or personal injuries in state correctional facilities, the Department of Corrections must automatically produce relevant records within 120 days of the complaint being filed.
Most claims are resolved on the strength of the documentation attached at filing. The better your initial paperwork, the less time you spend fighting over records in discovery.
Crime Victims Compensation Goes Somewhere Else
Crime victims compensation claims run through the Illinois Attorney General’s office, not the Clerk of the Court of Claims, even though the Court of Claims has jurisdiction over these cases under 740 ILCS 45. The Attorney General accepts applications online through a portal on illinoisattorneygeneral.gov, or by fillable PDF emailed to CVA@ilag.gov. The program covers expenses like medical bills and lost wages from violent crime, and there is no filing fee. If you disagree with the determination, you can appeal using Form CC 130 from the Secretary of State’s Court of Claims publications page.