Personal injury claims can be filed against government entities if the aggrieved party can prove that the entity played a major part in causing your harm or injury. However, legislation regarding legal claims against a government body is usually way stricter compared to those regarding legal claims against other kinds of entities.
You need a good personal injury lawyer if you want to be successful with such claims. The attorney will do what it takes to recover compensation against a government entity that has acted negligently. Whether it’s a federal agency, the state, the county, or the city that injured you, you deserve the right to get compensated for your damages.
You can bring a personal injury claim against the government when you have evidence, like receipts, medical bills, a statement from an employer or doctor and medical records, that can prove you sustained injuries. Your lawyer can help you gather all the proof you’ll require to be successful in your claim.
Local and State Governments
Each local and state government in the United States can have several different laws regarding the waiver and applicability of sovereign legal immunity. Currently, some local and state governments in the US are thinking about changing how entities apply sovereign immunity or the procedural laws that govern this kind of immunity.
It’s also crucial to understand when you can’t and can apply this immunity in the state you’re in, as well as how to make a claim in the states that permit it.
The Federal Government
The FTCA (Federal Torts Claims Act) is a piece of legislation that was enacted in 1946. It provides a sovereign immunity waiver. This gives private entities the ability to bring legal claims against the Federal Government for acts committed by agents or employees of the Federal Government while on duty.
The Federal Torts Claims Act is important for personal entities looking to be compensated for property damage, personal harm, or other injuries caused by the wrongful actions or negligence of agencies or employees of the Federal Government.
Before this piece of legislation was enacted, the Federal Government and the agencies and employees that worked under it had a sovereign immunity that shielded them from property damage and personal injury claims, even if the employees and agencies acted unlawfully or wrongfully.
However, this legislation changed all this by getting rid of immunity for certain kinds of claims as long as the victim follows the proper legal processes. In instances where a private citizen can be held responsible for a similar act under tort law, the Federal Government can also be held liable for the same, but with a few limitations and expectations.
Deadlines For Filing Such Claims
When considering filing such a claim, you need to understand the statute of limitations that may apply in your specific case. This is the deadline you have before you can bring a case against the government entity. For example, the deadline linked to claims under the Federal Torts Claims Act is 24 months or two years.
The FTCA, for instance, governs the time frame and manner in which a legal claim needs to be filed for tortious acts. Typically, a legal claim under federal tort law needs to be brought to the correct agency within the specified time from when the alleged negligence occurred.
Giving private entities enough time to prepare for their legal claims is important because it helps avoid the risk of submitting incomplete claims or missing vital deadlines. After a claim is filed properly, the government body involved will assess it to ensure the proper protocols and legal processes are followed.