October 15, 2020
Suing The Government For a Personal Injury
When you are injured and another individual or group is responsible for the accident that caused your injuries, you have a right to seek compensation from them through a personal injury lawsuit or claim. But what happens when the at-fault party is the government? While it makes perfect sense that they should be held accountable for their negligence just like any private citizen or business, the fact is that suing the government for a personal injury is much more complicated than you may initially guess, because of a number of rules meant to block the government from being held liable for a lot of these circumstances.
If you have been injured in a personal injury that you believe the government is responsible for, then it is important to partner with a law firm that is experienced taking on these complicated types of cases. Fortunately, the team at The Law Office Of Vikas Bajaj, APC is here to help.
Contact The Law Office Of Vikas Bajaj, APC For a Free Consultation Now
Take a look below to get an idea of some of the finer points regarding suing the government for personal injuries, and contact our firm now for a free initial consultation. This is a great opportunity to get a specific understanding of your rights and options, and how working with an experienced personal injury attorney can help you get the money that you deserve.
Suing the government is complicated, and many of the steps that you will have to take are time-sensitive. Contact our firm as soon as possible so that you can be certain to have control over your situation without worrying about missing important deadlines or necessary steps in the process. It can be extremely frustrating to find that you have no options for recovery because of a simple procedural error, and by partnering with a firm with years of experience with these types of situations, you can rest easy and focus on your injuries without worry.
Common Accidents Caused by the Government
The following are a few common examples of accidents that may implicate the government in your personal injury claim, and may allow you to file a lawsuit against the government for your damages. However, whether or not you see an example below similar to your own experience, contact us today for a free initial consultation so that you can get clear and specific advice on how to move forward.
- Being injured in an accident while riding a city bus (or being struck by a city bus)
- Hit by a United States Postal Service driver
- A trip and fall injury while visiting a government facility
- Road construction may lead to you being hurt in a car accident
- A roadway may be poorly designed, and this design may lead to an accident that you are hurt in
There are many other times where someone is injured in a situation that the government is responsible for, and we will be happy to explore your options with you during our initial consultation.
What Is the Federal Tort Claims Act?
If you have been injured in a situation implicating the federal government, you may already be aware of something known as the Federal Tort Claims Act, or the FTCA. You will need to follow the guidelines set forth in this act if you want to successfully file a lawsuit against the federal government, and may encounter situations where you are blocked from taking this action at all.
According to the House of Representatives, “Under the FTCA, the federal government acts as a self-insurer, and recognizes a liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties. The United States is liable to the same extent an individual would be in like circumstances. The statute substitutes the United States as the defendant in such a suit and the United States—not the individual employee—bears any resulting liability.”
Under the FTCA, there is a range of requirements that you will need to adhere to, including filing a notice of claim with the federal government informing them of your injuries and your intent to seek compensation for your damages. In addition, there are statutes of limitations that you will be up against, as well as damage caps for the compensation that you can recover.
Suing a State Government
Suing a state government for your personal injuries will require that you follow specific rules and regulations set forth for the particular state, which may or may not be similar to the requirements that you must follow under the Federal Tort Claims Act depending on the state where you were injured. However, it is common that you will be able to file a lawsuit against a city government or state government for torts that either a government employee is responsible for, or that the government itself is liable for.
In order to learn more about the process that you can expect while trying to sue a state government, contact our firm as soon as possible to speak with an experienced personal injury attorney about your situation. This process is time-sensitive, and the best time to partner with an attorney is today.
Why Hire An Attorney To Sue The Government?
As you can imagine, going against any government for a personal injury lawsuit can be complicated, and you will be working against experienced, aggressive attorneys representing the government throughout the claim. As with filing a claim against an insurance company for the actions of their client, you can be certain that these lawyers will be aggressive in trying to settle or dismiss your case in order to pay as little as possible while still resolving the issue at hand.
Working with an attorney means that you will not need to learn everything that there is to know about how to sue a government, and will instead be able to focus on recovering from your injuries and getting your life back on track. During our free initial consultation, we will be happy to discuss your situation and give you a clearer understanding of the level of support that you can count on when working with the team at The Law Office Of Vikas Bajaj, APC. We look forward to speaking with you as soon as possible.