Can I sue the state for negligence?

I have submitted a food stamp application twice now with the DHS. The caseworker told me I would qualify and the state legally has only 30 days to process it. My family has gone with little and sometimes no food for weeks now, the 30 days are up, and I have no food stamps. They didn’t fulfill their legal end, so can I sue them?

Asked on November 10, 2011 under General Practice, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

One can sue the state that one lives in for negligence. Before filing suit, one typically has to submit a claim to the state setting forth the basis for the grievance as a condition for filing a lawsuit later on.

If the claim is rejected, one has to file a suit within a certain amount of time. If the claim is not responded to, the claim is deemed rejected as a matter of law after a certain period of time. If you are interested in pursuing your grievance against the state that you live in, I suggest that you consult with an attorney who represents individuals against governmental entities.

 


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