What You Need to Know About Government Personal Injury Claims
Did you know it’s possible to sue the government for personal injury claims? There are a variety of circumstances where liability falls on the local, state, or federal government, from car accidents to falls on government property. You may think it would be impossible to hold the government responsible, but it’s not with the help of an experienced lawyer. Keep reading to find out what you need to know about government personal injury claims.
Federal Tort Claims Act
Filing a claim against the government isn’t as simple as filing against a private party. Historically, kings and powerful entities have “sovereign immunity,” and this idea carried over into modern day in the form of a rule that states you can’t sue the government unless the government says you can. Fortunately, there’s an exception known as the Federal Tort Claims Act (FTCA), which allows certain kinds of lawsuits against government employees. If your claim does not fall under the exceptions of this Act, then your case will be barred by sovereign immunity.
State governments can also have sovereign immunity, but every state has passed their own laws where they have waived that immunity, in certain limited circumstances. In order to determine whether, in Tennessee, your particular claim may be brought against the government, call us today, for a free case evaluation.
Claims Permitted by FTCA
You may be wondering what kinds of claims are allowed under the FTCA. Typically, anyone who has been injured can seek compensation for injury, property loss, or death that has been caused by negligence of a government employee. Of course, there are limitations and exceptions to filing a personal injury claim against the government. While there are too many to name, some of the major ones include:
•Only federal employees can be sued under the FTCA. Independent contractors hired by the government are not included, unless they are treated as employees.
•The negligent acts must have been done within the scope of the person’s employment.
•Generally, only claims of negligence are allowed.
•The claim must be based on and allowed by the law of the state in which the misconduct occurred.
While these limitations and exceptions make it seem like filing a claim against the government isn’t worth it, the federal government actually pays out millions of dollars every year, so your case may be worth pursuing.
Statute of Limitations
Of course, like with any other claim, you have a certain amount of time to file a claim against the government. If you think you have a valid claim, call us today for a determination of when your statute of limitations would fall in your case.
Examples of Claims
You may be wondering what some examples of cases are against the government. One of the most common claims are related to car accidents. This could include being in an accident with a government vehicle, such as a U.S. Postal Service vehicle, or damage to your vehicle due to the condition of the roads. Other examples include:
•Negligent care of persons or property
•Breach of Contract
•Nuisances created or maintained by the State
Filing an Administrative Claim
With government claims, there are a few more steps you have to take than with normal claims. One of these steps includes filing an administrative claim with the federal agency that’s responsible for damages. The point of filing this type of claim is to make the agency aware that you suffered an injury and to give the agency an opportunity to respond before you file a claim. Your claim will be accepted or denied, and if it is denied, you can then file a personal injury claim against the government.
Filing a personal injury claim against a large entity like the government can be overwhelming, but you don’t have to do it alone. Our experienced personal injury lawyers can help you through this process because they are knowledgeable with the laws, rules, and regulations that come with filing a claim against the government. Contact us today, and we will help you get started on your claim.