Personal injury lawsuits and claims involving a government entity or employee (whether local, state or federal) will need to follow stringent guidelines. It is highly recommended that you contact a local personal injury lawyer as soon as possible. Proving government liability begins with filing a “notice of claim” within as few as 60 days after the injurious incident.
Did You Know? Government entities are typically entitled to “immunity” in regards liability and lawsuits, meaning that they usually cannot be sued without permission or certain rules in place.
Filing a Claim with Government Liability
Most governments have laws on the books that outline the rules for filing an injury claim against them. These laws are often known as Tort Claims Acts. They identify circumstances in which federal, state, and city governments have conditionally waived immunity to their legal liability when an individual has been injured or harmed.
Important to Note: If you do not follow the stated rules, you will lose the right to any compensation, regardless of government liability.
If a government agency or employee is even minimally involved in causing an accident or injury, you must file a notice of claim as soon as possible. There may be circumstances that you are not sure if the government is at fault, but if it is even a possibility, time is of the essence. The purpose of a notice of claim is to alert the government that you experienced an injury, and to give them the opportunity to respond to your allegations before you file a lawsuit against them.
Claims can either be accepted or denied, but the government accepting a claim is rare. Once they deny a claim, you have the right to file a lawsuit through the civil court process. In this way, a notice of claim is the prerequisite to any formal civil lawsuit.
All states have different requirements and laws, and to understand fully the process for Sarasota and other south Florida cities, you can call or write to the government agency implicated in the accident. If you are unclear as to how to proceed, call a personal injury attorney who can help you to file with the local state or federal entity – or all three, depending on the situation.
There can be many gray areas when determining if there is government liability in your personal injury lawsuit. For instance, if you are involved in an accident with a government employee but they are using their personal car, there may be some leeway for the government to claim non-liability. Or perhaps you experience a slip and fall injury while doing business with a company which is not officially government, but operates with federal funding. Because laws differ and nuances exist, a personal injury attorney is an invaluable asset.
As a rule, it is preferable to err on the side of caution and file a notice of claim to any government branch or government-affiliated organization that may be at fault in your case, even if you aren’t sure. Failure to do so will likely negate your opportunity to get compensated in the future.
The complexity of filing a lawsuit claiming government liability necessitates strict adherence to rules and timelines. Don’t attempt to navigate the process yourself – call Probinsky & Cole. We will discuss your case, advise you as to the merits of your case, and help you to start the process. Don’t lose your rightful settlement because of a clerical error or missed deadline – contact us today.
