You have legal recourse if you have been injured due to a government entity or employee’s negligent actions. While a claim involving the government can be more complicated, you can receive compensation for your losses. This blog discusses how to approach an injury claim against a government entity, what you need to know about the process, and why having an attorney is crucial.
Understanding Sovereign Immunity and its Exceptions
Your case must fall under the exceptions to a rule known as Sovereign Immunity when filing a personal injury claim against a government entity. This rule prevents lawsuits against state and federal governments without their consent.
Dating back to English laws that protected kings, the Sovereign Immunity principle is intended to prevent frivolous lawsuits against the government whenever a citizen disagrees with its policies.
However, in some circumstances, a government agency or its employees may cause injuries through negligent activities, in which case the Federal Tort Claims Act (FTCA) or State Tort Claims Acts (STCA) come into effect.
The FTCA and STCA are legislations that state exceptions to the Sovereign Immunity principle. These acts allow citizens to receive compensation when a government agent’s negligent behavior causes injury or a citizen is injured on federal property.
The Tort Claims Acts have specific processes to follow before a citizen may sue a government agency. The first and most important part of this process is filing a notice of claim that alerts the responsible agency to your injury and your intentions to file a personal injury lawsuit.
Which Injuries Can You Sue For?
When a citizen files a personal injury claim against a government entity, the goal is to receive equitable compensation for injuries caused by people who work for the government or injuries that occur on government property. Some of the most common injury claims filed against government agencies include:
- Car accidents caused by poorly maintained roads and infrastructure
- Injuries caused by civil rights violations such as racial or religious hate crimes
- Medical malpractice that occurs at government-owned medical facilities
- Injuries inflicted by law enforcement through excessive force
- Car accidents caused by people driving federally or state-owned vehicles
- Injuries that occur in national parks or federal buildings
- Injuries caused by federal and state government employees
Compensation in personal injury cases falls into two categories: economic damages and non-economic damages. Non-economic damages include unquantifiable losses such as psychological trauma, pain and suffering, disfigurement, disability, and wrongful death.
Economic damages relate directly to the financial losses you incur from the injury. These damages can include:
- lost income and employment benefits like health insurance
- property damage repairs or replacement
- medical expenses such as hospital visits and medication
- loss of earning capacity due to the long-term effects of the injury
The Process of Filing an Injury Claim Against a Government Entity
Hire an Attorney
When a government entity is involved in a personal injury claim, it becomes exponentially more complex, which is why having a legal expert to guide you will give you the highest possible chance of successfully securing compensation. An experienced attorney will help you identify the appropriate government agency, calculate your damages, and ensure that you always act per the law.
File a Notice of Claim
Before any legal proceedings can commence, you must file an administrative notice of claim that alerts the responsible government entity that you have been injured and are filing a personal injury claim.
You must explain how, when, and where the injury occurred, in which way the agency is responsible for your injury, and a full breakdown of the damages you are claiming. Your attorney will help you compile all the information needed for the notice of claim to meet all the legal requirements.
Once the claim has been filed, you will need to wait for an answer, in which the agency will approve or deny your claim. Be aware that you may have to wait up to six months for a response, and only after six months can you proceed as if you were denied.
Collect Evidence
Once you have finalized and sent your notice, you and your attorney must collate all relevant information and evidence about your injury. The evidence you gather will be vital, whether approved or denied, in the claim process. You will need to prove the severity of your injury, the costs of treatment, and the impact it has had on your life.
The evidence you need includes:
- Medical records – any reports from your doctors, scans (x-rays, MRIs, echocardiograms, etc.), prescription paperwork, and psychological evaluations are all crucial evidence.
- Medical bills – keep all financial paperwork related to your injury, including hospital bills, physical therapy invoices, and mobility device receipts.
- Witness statements – ensure you have firsthand accounts of the incident and statements from people who helped you recover after your injury.
- Expert statements – have your doctors write statements about your initial injuries, including their severity, how you have recovered, and the impact the injury has had on your life.
- Reports – You will need accident reports you filed with the police after your injury and copies of your claim notice.
- Documentary evidence – photos of the incident and your injuries, video footage, CCTV surveillance footage, and audio recordings can strengthen your case.
Administration
If your claim is approved, you will go through the administrative process, which can involve several steps, such as face-to-face hearings and providing further documentation and details. To succeed, all the requirements must be precisely met, which is another area your attorney can handle.
If your claim is denied, ignored, or mishandled, you may have to take the government agency to court. You must ensure that you proceed with a lawsuit within six months of being denied or after the allotted six-month period has passed. The statute of limitations for suing the government is extremely short and strict.
Overcome the Challenges of Government Injury Claims
Receiving compensation from a government entity for an injury can take patience and extensive knowledge of the legal system. With a skilled personal injury attorney on your team, you will have the support and expertise necessary to successfully navigate the challenges you may face.
Remember that you do not have to approach the government alone. Our attorneys are experienced professionals who will tirelessly ensure that your rights and interests are protected at every step. Don’t hesitate to get in touch with HHJ Trial Attorneys for support whenever you need us.
