Suing the Government—Can It Be Done?

6 May 2021
 Categories: Law, Blog

Almost anyone can file the papers to initiate a lawsuit against anyone. However, judges will dismiss suits that are problematic right away. Consulting with a personal injury lawyer is one sure way to prevent your case from being thrown out of court. However, you may have to jump through a few hoops to get a case filed against certain entities connected to the government. To find out more, read on.

Understanding Immunity Blocks

In many cases, you really cannot sue city hall. Though the status of some government entities changes all the time, most cities, states, law enforcement agencies, and other government agencies are immune from lawsuits except in certain cases. That doesn't mean you don't have a case—just that it may be more challenging to bring a case. In all personal injury cases, you must be ready to show that the defendant failed to use due care, was negligent, knowingly exposed someone to harm, etc. The burden of showing that a government entity is liable for harm done can be even tougher, unfortunately.

Understanding the Statute of Limitations

You must take action and file a lawsuit before a certain date. For example, you may only have a few months after an injury to file a car accident personal injury case. Statutes of limitations rules vary by state. If you wait too long to file, your case, no matter how valid and no matter how much harm came to you, will be dismissed. When it comes to filing a lawsuit against the government, the statute of limitations can be even shorter – leaving plaintiffs far less time to contact a lawyer and file the suit. Especially when it comes to suing the government, assembling what is needed to file a lawsuit can take a lot of time so don't hesitate.

Understanding Notice of Claim Issues

When it comes to suing the government (and some medical entities), you must give the defendants a heads up before filing. Your lawyer will know how to notify the defendants and when. Unfortunately, notice of claim actions is just one of several issues that have to be taken before you ever see a day in court. In most cases, the notice of claim is even more complex and lengthy than the documentation associated with a lawsuit.

None of the above should deter those with claims against the government from seeking justice. The information provided should instead serve to spur sooner rather than later action using the advice of a personal injury lawyer. Speak to services like Carter & Fulton, P.S. to learn about what to do to win your case.