You have the right to seek compensation from any party that causes you undue harm, suffering, and damages. This is the basic premise of any personal injury claim, and it really does give you the ability to name essentially any party as a defendant. Even governmental entities and agencies are not immune from being held liable for the damages they cause through negligence, recklessness, or intentional wrongdoing.
Suing a government entity is not an easy task, as you have probably predicted. If bringing a claim against the average person has its fair share of speedbumps, then suing the government itself has mountains of obstacles you need to overcome or circumvent.
Brief Statutes of Limitations on Government Lawsuits
When you want to sue a governmental agency, one of the first things you need to pay attention to is the statute of limitations to bring forth your claim. Typically, your window to serve notice of your claim to preserve your 2-year statute of limitations is extremely short compared to any other type of personal injury lawsuit. Depending on the entity responsible for your injuries, such as a city, county, or state, you might have 2 years, 6 months, or even 60-90 days, which may depend on the city or county involved.
Governmental Caps & Restrictions
Once your claim has started, there will be more unique stipulations that will influence the outcome. Damage caps are sure to be a frustration if you have been seriously injured. Governmental entities are usually protected by low damage caps in all sorts of claim types. With damage caps in place, individual claimants suffer the consequences. However, depending on the type of claims, those caps may be circumvented in exceptional circumstances depending on the facts.
Additional restrictions on how to prove liability in your claim will also likely be applied when suing a governmental entity. For example, certain medical malpractice cases against facilities that are managed, owned, run, or funded by the government, such as teaching hospitals, may require you to prove “tangible misuse” and other typical factors of negligence to be awarded compensation. Tangible misuse means that a tangible instrument was used negligently by the medical provider who caused your injuries, which may be a steep evidential burden to climb even with a medical expert providing testimony on your behalf.
Make Sense of Difficult Claims with Our Help
There are few legal tasks more difficult or more complicated than suing the government due to the many protections afforded to governmental agencies and entities. Most lawsuits and claims of this nature are dependent on a case-by-case basis that can hinge on an experienced attorney that is familiar with all the laws so that he/she may make an informed decision on whether to proceed and the how to proceed in order to make your case a strong as it can be. With this in mind, it is crucial that you consult with an attorney before starting your claim.
If you live in San Antonio, Texas, you can come to Maloney Law Group, P.L.L.C. for legal counsel and representation for your governmental entity lawsuit. Our law firm would be happy to hear your story and see how we can help. Take the first step today by dialing (210) 361-2997 or contacting us online.