Can You Sue A Government Agency For Personal Injury?
Accidents often involve civilians like drunk drivers and negligent property owners, but sometimes government entities and their employees can also be negligent, causing harm to ordinary citizens. In these cases, can you sue a government agency?
If this happens to you, you deserve compensation for your injuries and damages. Read on to learn more about whether you can sue a government agency for personal injury and how.
Can You Sue a Government Agency for Negligence?
Yes, you can file a lawsuit against government agencies or employees for wrongdoing or misconduct.
However, the process varies depending on whether the negligence involved federal or state officials and can be more complex than you might expect.
How Long Do You Have to Sue a Government Agency?
In California, you must file a claim against a government agency within six months to a year from the incident date, as per the statute of limitations. Specifically, you must first file an administrative claim for personal injury (within six months) or property damage (within one year).
After submitting your claim, the government has 45 days to accept or deny it. If denied, you have another six months to file a lawsuit from the denial date. Without a rejection letter, you must file two years from the accident date.
Are There Instances Where You Can’t File an Administrative Lawsuit?
Rarely, sovereign immunity may protect federal and state agencies and employees. If a government worker is in the process of performing official duties when an incident happens, they may be exempt from personal injury lawsuits.
Filing a Lawsuit Against a Government Entity
Many factors will determine how much money you can recover after filing a claim against a government agency. For instance, city agencies may be liable for the injuries if your child was hit by a city maintenance vehicle.
Each state also has specific laws detailing when and how to sue government entities. In California, you can sue the government for specific cases, including personal injury, wrongful death, and property damages.
The California Tort Claims Act (CTCA) has control over individuals who can file lawsuits against the state. But if you want to file a lawsuit against the federal government, you can refer to the Federal Tort Claims Act, which applies when a federal agent harmed you or was negligent.
So, when can you sue the federal government? Here are some examples:
- The employee is doing their official duties during the accident. For instance, you slipped and fell inside a government office because the janitor forgot to mop the floor.
- You were hurt as a result of the employee’s negligent actions. An example would be a veteran who died because of medical malpractice at a U.S. Naval Hospital.
- A government property caused damage or injuries. Common examples include when someone gets injured due to unsafe conditions or when a person suffers a fatal car accident involving a government vehicle.
Now, when do you sue state governments? Here are some examples:
- A motor vehicle accident involving a government employee
- A healthcare provider in a state-run facility commits medical malpractice
- The state fails to repair local roads causing accidents
- A police dog in the custody of a state official provokes and bites you
What Are the Types of Compensation Available?
Both economic and non-economic damages are available for personal injury claims against the federal or state government. Economic damages include medical bills, lost income, and property damages. Meanwhile, you can also be compensated for pain and suffering, emotional distress, impairments, and loss of enjoyment of life.
You cannot sue the government for monetary damages unless you specify a legal period in your written claim. For claims beyond $10,000, you must indicate if the lawsuit demands more or less than $35,000 for non-monetary relief like an injunction.
How to Pursue an Administrative Lawsuit
In most cases, the defendant in a personal injury claim is another driver or a property owner. However, there are also times when the one who committed negligent actions was a government worker or the state itself.
Are you wondering how to file a lawsuit against a government agency? Here are some steps to take:
1. Identify the Liable Parties
Before filing an administrative claim, ensure that the person who harmed you is a government employee. Remember that the city, state, or municipality can also be the defendant depending on how or where the injury occurred.
2. Comply With the Federal or State Tort Claims Act
Familiarize yourself with the laws governing your state when the accident happened. Each state has a specific Tort Claims Act that may require you to submit your notice of intent to file a claim. This includes a detailed description of the accident, the nature of your injuries, as well as the damages.
3. File Within the Statute of Limitations
Personal injury cases normally have up to 2 years from the accident date to file a lawsuit. You only have 180 days to file your notice with the state for government lawsuits. Sometimes, you’ll get a denial or no response at all. That’s why you’ll need to contact a lawyer who can help you handle your claims.
4. Submit Your Claim With the California Department of General Services, Office of Risk Management
If the government agency does not provide a claim form, draft your own and submit it to the California Department of General Services, Office of Risk Management. It should include the following information:
- Name and address
- Date and location of the accident
- Description of your injuries and damages
- If possible, indicate the name of the government employee involved
- The dollar amount you are claiming
Speak With an Experienced Lawyer at Adamson Ahdoot
When taking legal action against a city, state, or federal agency, you must hire a well-versed personal injury lawyer in the complexities of these types of cases. Victims with experienced legal representation collect more money than victims who try to represent themselves or hire unqualified legal help.
Before proceeding with your administrative case, seek assistance from an experienced personal injury lawyer who knows the exceptions to sovereign immunity rules. This will increase your chances to recover damages and get the compensation you deserve. Call us at (800) 310-1606 or visit our website for more information.
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