Is it Possible to Sue a Government?

Car Accident Lawyer

When you sustain injuries in an accident caused by the negligence of a government employee or contract worker, you generally can sue both the worker and the governmental entity, federal, state or local, for which he or she was performing duties at the time of the accident.

While your right to sue extends to virtually all accidents caused by negligent governmental workers, these types of suits usually arise out of motor vehicle accidents caused by poor road conditions or slip-and-fall accident occurring on property a government owns or maintains.

A car accident lawyer such as Daniel E. Stuart at Daniel E. Stuart, P.A. can help you understand more details regarding suing governmental entities.

Special Rules and Procedures

Depending on the laws of the state in which you live, you may have to abide by special rules with regard to filing your lawsuit. For instance, you may need to send a notice of claim to the appropriate entity and employee prior to actually filing suit. In addition, many states have statutes of limitations reducing the time frame during which you must file your suit after the date of your accident.

Sovereign Immunity

You may have heard about the doctrine of sovereign immunity that prohibits an individual from suing the government and fear that this doctrine makes it impossible for you to sue your city, county, state or any other governmental entity. You will therefore be glad to learn that while this doctrine still prohibits some times of suits against the government, the Federal Tort Claims Act of 1946 removed this immunity from the federal government with regard to personal injury and a few other types of tort claims. Since then, each state has likewise passed legislation making it possible for its residents to sue it or its subsidiaries in the event they sustain personal injuries as a result of a government worker’s negligence.

Obtaining Legal Representation

No law requires you to obtain the representation of an attorney in order to file a personal injury lawsuit against a government or anyone else. Nevertheless, your best interests dictate that you do so. Why? Because, as mentioned, lawsuits against the government can be, and usually are, more complicated than lawsuits against another individual. A local personal injury lawyer experienced in handling governmental suits can not only competently steer you through the process from beginning to end, but also can make sure you meet all the requirements and filing dates. In addition, he or she can serve as both your advocate and champion when it comes to dealing with the government’s insurance company.