There are many situations that could occur in which a government entity or employee may be the cause of your injuries. For instance, your car may get hit by a city bus or you may fall at the DMV. While you may be entitled to compensation and the government may be liable for your injuries, there are strict guidelines and rules you will need to abide by when suing the government. If you have been involved in an accident or injury that is involved with the government, it is important to have someone on your side who understands the strict regulations that come with these cases. Our lawyers understand the complexities of personal injury cases involving the government and will work to ensure every guideline is followed correctly. Do not hesitate to contact an experienced personal injury lawyer Miami, FL relies on to ensure you are taking proper steps.
How is “Government” Defined in a Personal Injury Lawsuit
It is important to first determine if the government was responsible for your injuries and if it was, which specific government entity should be included in your personal injury lawsuit as a defendant. If an employee works for a state, municipal, local, or federal government and is performing their duties while the accident or injury takes place, they are considered part of the “government” in terms of a personal injury lawsuit.
For instance, if you are rear-ended by a police officer’s vehicle while they are performing their duties, they are considered government. You will need to follow the state-specific guidelines when you sue for your personal injury damages. However, if on your way home from work you get into an accident with a United States Postal Service clerk also on her way home, she is not performing her work duties and is not considered government at that point. If you decided to file a personal injury lawsuit, it would be a regular lawsuit rather than a government lawsuit.
Notice of Claim
One regulation related to suing the government, is that you will need to file a notice of claim before you can file a lawsuit in court. These requirements will differ depending on which state you are in. However, it is usually between one and three pages and you will have to explain that you have a claim against specific employees of the government or government entities. This will also have to lay out the facts around your injuries and state each cause of action that is against the government.
The reason behind providing a notice of claim is to allow the government some time to investigate your claims against a person or entity. During this time period, you may be contacted to discuss your claims with the government. In some instances, the government may prefer to settle your case without going to court. Most of the time, however, the government will deny your claim and once the notice of claim period ends, you will need to bring a lawsuit after them.
Many states have strict time limits if you are bringing a claim against the government. It is important to find out the time restraint on the claim because if you do not send the notice of claim in the appropriate time period, you will not be able to bring any personal injury lawsuits against the government in the future relating to your injuries.
Thank you to the Needle & Ellenberg, P.A for providing their insight and knowledge on personal injury.