Claims Against the Government
If you or a loved one has suffered a personal injury at the hands of a federal, state, or local government agency or employee, you may be eligible to file a lawsuit against the government to seek compensation for your losses.
However, it is important to know that there are strict guidelines you must follow in order to make claims against the government. The government and their subdivisions have “immunity” to liability and lawsuits, which means they usually cannot be sued unless they give permission.
Government Immunity Waived
Most state and local governments have laws, which contain a set of rules that must be followed in order to file a personal injury claim against them.
These laws are called tort claims acts and waive the government's immunity to legal liability lawsuits. However, be sure to note that if you do not follow the rules stated in these laws, you will immediately forfeit your right to receive economic recovery for injuries caused by the government.
Filing a Notice of Claim
In the event that you suffered a serious personal injury caused by the negligence or wrongdoing of a government entity or employee, you must file a “notice of claim” within 60 days of your injury whether or not the fault of the government is clear.
The process of filing claims against the government varies from state to state, but filing a notice of claim in accordance with the statutory requirements is the most important first step in the process.
Lawsuit Occurs After Claim is Denied
The notice of claim will notify the government that you suffered an injury and give the entity or agency an opportunity to respond to your argument before you are permitted to file a personal injury lawsuit . The government may accept your notice of claims, which is a rare occurrence. Usually, however, your claim will be denied, giving you the freedom to bring a lawsuit against the government in an attempt to hold them responsible for the damages you've suffered.
Contact a Governtment Claims Lawyer
If you need information regarding specific rules and guidelines for filing claims against the government, it is always best to contact the government agency that was involved in the accident. If you're not sure which government entity should be held liable for your injuries (city, county, or state), your safest bet is to submit a notice of claim to any government-affiliated organization that could possibly be at fault.
Bringing a lawsuit against the government can be a very complex matter. It is highly recommended that you seek the early advice of a qualified and experienced attorney who will ensure your legal rights and interests are fully protected. contact us today to speak with an attorney free of charge.
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