Personal Injury Claim
May 22, 2024

Can You File a Personal Injury Claim Against a Government Entity?

You would expect the law to allow you to make a claim against any entity that has been negligent and caused you personal injury and financial loss. But what if that entity is part of the very government that makes the laws in the first place?

The simple answer to the question of whether you are entitled to make a legal claim, such as for personal injury, against a government body is yes. However it is not always straightforward and there are a number of potential legal protocols and complexities that have to be followed.

That’s why you should perform an internet search using a term like personal injury lawyer Utah, for instance, to ensure that you get someone who has the knowledge and experience required to help you navigate their way around issues such as sovereign immunity.

Here are some key points to be aware of when it comes to suing a government entity.

Personal Injury Claim

What sort of injuries can you claim for?

There are numerous circumstances where an accident could happen that falls within a government jurisdiction and they will be expected to bear responsibility.

Some typical examples of how diverse these scenarios can be would be when you are injured in a government national park, or you suffer as a result of medical malpractice in a state hospital.

As you can see, governments run all sorts of facilities and services, all of which can be held liable if they are found to be negligent. The main point to understand about any personal injury claim is that where it occurs and how you were injured are highly relevant to confirming who is liable and how to proceed. 

Identifying who is responsible and following the correct claim procedures is vital. That is why it is essential that you appoint a personal injury lawyer who can do this for you. 

What about sovereign immunity?

This phrase is widely recognized as a layer of protection that can apply in a state and local government setting. The same scenario applies at a national government level. There is a law known as the Federal Tort Claims Act that is designed to give a waiver of sovereign immunity.

A fundamental point about trying to sue a government entity, especially in light of the potential for sovereign immunity being applied, is that you have to make a claim within a specific time frame and use the correct claim procedures.

You can’t be expected to know all of these legal complexities, which is another strong reason for using a personal injury lawyer to navigate these issues on your behalf.

There is often a statute of limitations that applies when trying to make a claim. What this means is that you have to register your personal injury claim within a certain amount of time after the accident. If you miss this deadline you will probably not be allowed to make a claim after this date has expired.

In conclusion, the bottom line is that you can make a personal injury claim against a government entity, but the smart option would be to use a personal injury lawyer who knows how to do that properly for you. This should give you the best chance of getting the compensation you are entitled to.