If my son was shot while walking on the streets in our city and is now label disabled, can we sue the state?

Can I sue the state for his injuries? Is he eligible for compensation from any kind of victim’s rights fund?

Asked on July 22, 2014 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The question is, why would you be able to sue the state? The state did not shoot your child. Liability, or finanical responsibility for another's injuries, only comes from fault, and unless it was a state employee (e.g. a state trooper), the state does not appear to have been at fault. (Clearly, if you know who your son's attacker was, you may sue him or her.)

As for a victim's rights fund, contact your local prosecutor's office of the state attorney general's office to inquire into this; you can also check to see if there is SSI or some other disability/social security payment available for him. Good luck.


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