Suffering an injury is a painful and difficult experience to have to go through. Getting the compensation you deserve for your losses can be frustrating, but when the party at fault is the government, frustration can quickly turn into a hopeless and overwhelming experience. If you suffer a personal injury accident that you believe is the fault of a party within the government or an agency itself, you have rights under the law and you may be eligible for compensation.
Different Laws Apply Depending on the Level of Government Involved
Asking the government to pay for your damages after an injury you sustain on their property, by one of their agents, or under other circumstances, is no easy task. Government agencies are often offered protection that grants them immunity from lawsuits in certain situations. However, if you suffer an injury due to negligence and the fault lies with a local, state, or federal government agency there are ways to pursue compensation for your losses with the help of an attorney that understands these cases and has the knowledge and experience to represent you in a government injury claim.
Each and every municipality, local, state, and federal government agency has its own rules and laws that apply to personal injury claims against their agents and offices. The rules can differ greatly and any deviation from following the procedures required is likely to prevent a victim from getting the compensation they deserve.
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Your Burden When Planning to Bring a Claim Against a Government Agency
One of the impositions on a plaintiff when making a claim against the government is the notification of a claim. Most government agencies require that when a plaintiff is considering filing an insurance claim or lawsuit for their damages against the government, you must provide them with notice. Notice can look differently depending on the agency and the rules that apply.
Statutory Notification of Claims
While in some cases you may have ample time to enter your notice of a claim, in other situations you may have only a few short weeks after an accident to notify the parties that you have been injured. The time limitations burden on a plaintiff is strict. Any statutory limitation on the notice of a claim must be followed and any deviation or lapse of that time limit will likely prevent you from continuing to seek compensation for your losses regardless of fault.
Beyond the time limit, there are specific ways in which a notification of a claim must be submitted. What the claim must include, where it should be mailed and who shall receive notification are all important factors in which a mistake or omission can cause a claim to be denied. In addition, certain cases may involve multiple government agencies. This can further complicate your case and easily cause confusion, which may have negative impacts on your ability to hold the parties responsible accountable.
The best approach is to consult with a lawyer immediately after your injury so that they may jump into action quickly on your behalf and identify all time constraints you may be facing.
A Lawyer Is a Necessity in Government Injury Cases
Going up against the government without a lawyer is likely to end with you receiving no money for your losses. Personal injury cases that involve the government as a potential defendant will have significantly more challenges and obstacles than a typical personal injury case against an individual or private business. This is not to say that suing the government or filing a claim against them will not end in a successful resolution.
An attorney with a background and experience in government injury cases can help you build your case and increase your chance at recovery. The government is not immune from all responsibility, and they are not shielded from every action they take. If an agent of the government causes you harm because of their negligence, they should be held accountable and responsible for the losses you incur.
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Damages You Can Seek Against the Agency that Causes Your Losses
Similar to any personal injury case against another party, there are certain damages you may be eligible to recover against the government after an injury as part of an administrative claim or lawsuit. However, some levels of government or agencies may have limitations in place that only allow a victim to receive compensation up to a certain amount of losses. Your attorney can help you calculate your losses and determine if there are any limitations or caps that apply in your case.
Potential damages against the governmentafter a personal injury include:
- Medical losses
- Income losses
- Pain and suffering
- Property damage
- Wrongful death
Is It Possible to Settle a Government Injury Case Outside of Court?
Once you submit your notification of a claim to the government agency or agencies you believe are responsible for your injuries, the agency will likely then conduct its own investigation into the matter through an administrative claim. The administrative claim will be the government’s attempt to resolve the claim. It is possible that through this process with the help of your attorney you can reach a successful resolution and the government agency will payout your losses.
However, once a claim is denied or the attempts at settlement by the government agency are insufficient to cover the extent of your damages following your injury, you may then have the green light to file a lawsuit against the government.
If You Were Injured by the Government, Call a Personal Injury Attorney
After you are in an accident or suffer an injury due to the actions or inaction of a government entity or an individual working for a government agency, the law may entitle you to certain compensation. Contact a government injury attorney to schedule a free case consultation to discuss your case, the injuries, and the amount of compensation you might be eligible for.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
