If you have a personal injury because of the actions of the government, you might be wondering if you can sue the government; in most instances, the answer is yes. However, there are some considerations that you need to keep in mind before filing a lawsuit. It is crucial to understand some aspects before pursuing a case against the government.
A Los Angeles personal injury lawyer with El Dabe Ritter Trial Lawyers can assist you in filing a case against the government as they understand the laws that direct how you can sue the government.
Personal Injury Cases
There are several ways in which the government can cause personal injury by neglect, including:
- Rear-end collision by a government vehicle
- Slip and fall in government offices
- Fires in government parks that might burn your property or cause personal injury
- Poor roads that might cause your car to crash
- The intersections or stoplights on city streets might be improperly designed and cause a severe car accident.
Just because the government is designed to assist us does not mean that it cannot hurt you. Suing the government can be the right thing to do. Here is the process of suing the government for personal injury.
Develop Your Case On Time
When suing the government, you are required to file a notice of claim before filing your court case. The notice of claim can differ depending on the government you are suing or from one agency to another. In your notice of claim, you must include that you have a claim against a government worker or government agency, explain the facts regarding the claim, and in some instances, state the amount of compensation you want.
The reason for the notice of claim is to offer the government some time to investigate your claim. The government might want to settle your case without a lawsuit. Usually, the government will deny your claim or allow the claim to expire by not settling it within the specified period by law, and you will be required to file a court case after the expiration of the period of the notice of claim.
Claims against the government have a strict time limitation. These time limits are usually significantly shorter than the time limits for filing claims against private corporations or individuals. Failure to adhere to these time limitations might cause your case to be dismissed.
Review the Federal Tort Claims Act (FTCA)
You might have a solid claim, but that does not essentially mean you can sue the federal government. The government is protected against lawsuits by the “sovereignty immunity.” The principle dictates that the citizens cannot file a lawsuit against the government unless the government permits it.
However, the FTCA allows some lawsuits to pass without regard to permission from the government, so you can sue the government.
Hire An Experienced Lawyer To Review Your Case
To ascertain if you can file a claim against the government, review your case with a personal injury attorney. At El Dabe Ritter Trial Lawyers, the experienced lawyers help individuals and families with personal injury claims against the government.
The government will have its own lawyers, so ensure that you also have an experienced lawyer by your side if you are planning on suing the government.
It is crucial that you contact a personal injury attorney as soon as possible in order to ensure that your legal rights are protected. Schedule a consultation today with El Dabe Ritter Trial Lawyers to learn more about your claim.