Every citizen across the United States has the legal right to sue any level of government agency. From the municipal, county, state, and federal government levels, ordinary citizens have the power to hold their governments financially accountable for any damages or injuries inflicted upon them and their families. However, like most bureaucracies, the process is not easy to understand and there is plenty of paperwork to sift through.
Let’s start with something small. Can I sue the city for a car accident? The short answer is yes! However, before you start the long and complicated process, you’ll want to work with an experienced car accident lawyer like those at Avrek Law. They will help you understand all of your legal options and the time-sensitive process required to hold any type of government to account. Making the hard deadlines and properly filing your claim are critical for you to get the compensation you deserve.
How to File a Lawsuit Against the City
Getting rear-ended by a city-owned garbage truck, for example, may seem like an open and shut case. However, taking legal action against a government employee is complicated. This is especially true when you consider the statute of limitations for suing a government agency can differ from state to state, county to county, and even city to city. There is also a set of special rules you must follow before you even have the legal option to sue for damages.
Thanks to the Federal Tort Claims Act (passed in 1946), there is a framework for citizens across the United States to sue government agencies for any personal injuries and property damage due to negligence on behalf of an agency and its employees. The act also changes the standard legal process, giving the lawsuit its own special set of rules and timelines that must be followed to make a successful claim.
Another major difference from a typical lawsuit is that it’s difficult to directly sue the government employee responsible as they may be exempt from prosecution due to the Westfall Act. It states: The general rule is that federal employees enjoy absolute immunity from tort claims that challenge negligent or wrongful acts performed while acting within the scope of government employment.
The best way to file a lawsuit against the city is to contact a qualified car accident attorney from a firm like Avrek Law to help you with your case.
How Long After an Accident Can You Sue
When you look at California as an example, the typical statute of limitations for a claim involving property damage is three years from the date of the accident. However, lawsuits against the federal government and other government agencies are different — especially if the accident occurs on government property.
If a city-owned garbage truck damages your vehicle and you’re suffering from personal injuries as a result, you only have six months to make a special “administrative claim.” The government then has an opportunity to respond. If they deny your claim, you only have two years to file a lawsuit for property damage and personal injuries. It’s important to note that six months is not a lot of time to make a claim if you are suffering from serious and life-changing injuries as a result of the accident.
Injuries sustained on government property in Dallas have their own set of rules to follow. For example, consider a playground injury lawsuit. Public schools are meant to be safe places for children to learn and play, but life on the playground can come with bumps, bruises, and sometimes broken bones. In Texas, school districts generally have sovereign immunity when injuries occur at a public school. However, under the Texas Tort Claims Act, government agencies have the right to waive their immunity.
If a government entity waives its immunity, the process involves filing an “administrative claim” within the designated timeframe. Specifically, you must file this claim within six months of the incident. Once submitted, the claim will be investigated by the appropriate agency, such as the Office of the Attorney General or the local risk management office. The government has a period to respond to the claim. If the claim is denied, you can proceed by filing a lawsuit in court, following the statutory timelines for property damage and personal injury claims.
How Long After a Work Injury Can I Sue
What are your legal options if you’re a government employee injured in the Dallas workplace? If you’re a state worker in Texas injured on the job, the timelines for filing a claim can vary based on the specific circumstances of your case.
In Texas, individuals must promptly file a workers’ compensation claim, ideally within 30 days of the injury. This claim is a request for benefits from your employer’s insurance company, and it is separate from any legal action you may take. For legal action against a government entity for workplace injuries, there is a two-year statute of limitations from the incident date under the Texas Tort Claims Act. This legal action is a lawsuit you file against the government entity. Federal claims, such as those under the Federal Employees’ Compensation Act (FECA), generally must be filed within three years, though immediate reporting is crucial. Due to the complex nature and strict deadlines of these cases, it’s highly recommended to consult a personal injury or auto accident lawyer or workers’ compensation attorney promptly to ensure all procedures are correctly followed and to secure appropriate compensation.
Should I Get a Lawyer for a Minor Car Accident Involving Government Property?
Even a minor car accident can cause several long-term health impacts that could negatively affect your ability to work and support your family. Don’t be intimidated by the idea of suing the government for compensation — even if it’s something minor.
If you’re left thinking, “Can I sue the city for a car accident?” contact Avrek Law in Dallas for an auto accident attorney. They have more than 50 years of combined experience representing cases in several states that involve government agencies. The consultation is free and you’ll get advice from a law firm with more than $1 billion recovered in more than 45,000 cases. View one of our locations or contact us for a free accident consultation.
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