You must file this notice with the appropriate authority of the specific government agency that you want to sue. The purpose of the notice is to give government officials time to review your claim.
They may decide to pay your claim without even having to bring a formal lawsuit. The form you need to provide notice is Standard Form You must also give enough facts to allow government officials to conduct an investigation and make a decision. The government has six months to reply to your notice. Once you receive their reply, you have six months to file your formal lawsuit.
There are a few ways that damages are limited. Claims against the federal government are more complicated than most negligence claims. You should have an experienced injury attorney on board right away to make sure that you comply with the many notice requirements and unique aspects that apply to a claim against the federal government. Your attorney can sort through the details of your case to offer helpful insight on whether you should pursue a personal injury lawsuit, and what you will need to be successful.
They can help you understand your rights and make sure that you cover all of the details as you bring your claim for recovery in the complex federal courts.
This webpage is not intended to be an advertisement or solicitation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Material contained in our website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Adam S. Kutner and the user of this site. The states have also adopted their own set of laws waiving immunity for certain tort claims. Liability may also flow from injuries caused by dangerous conditions on government property or when a public entity breaches a duty imposed by law causing an injury.
California and its municipalities may be liable for money losses or property damage caused by the action or inaction of the public entity. To prove liability, you must file a Notice of Claim with the appropriate government agency within six months of the date of the damage to your personal property or crops.
The statute of limitations is extended to one year for damage to real property. The facts of your claim are very important in determining whether the government can be held liable for damage to your business.
Generally, the government is not responsible for having a passive role in causing harm to a business. However, when damages are caused by the negligent act of someone working for the government and that act was within the scope of their employment, the government may be liable. If you were harmed by the negligence of a government employee or if you think you may have a claim against the government, contact our office to discuss your options. If you have questions, need the advice of a trusted counselor, or simply do not know where to turn, our team is here to help.
Contact us today to schedule a free consultation. If you are unable to visit us in our office downtown during the week, we are more than happy to meet you at your home or in our office over the weekend.
If you do have a valid claim, make sure to file it on time with the correct information. You are also responsible for determining the money amount for damages you claim. An injury lawyer can help you navigate the intricacies involved with filing a claim against the government.
Counsel, Office of General. Federal Tort Claims Act , www. Jaime Rall, Linda Tassin. State Sovereign Immunity and Tort Liability , www. LII Staff. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Skip to content Can You Sue the Government? Free case Evaluation Get started. When Can You Sue the Government?
Government agencies can be held liable for injuries sustained on their premises under certain circumstances. Though rare, suits claiming intentional misconduct by a federal employee are also possible. Under the FTCA, only federal employees can be sued. This means that the act does not cover cases against independent contractors hired by the federal government. The claim has to be based on the state law in which the negligent act happened.
Considerations When Filing a Claim Against the Government Knowing how to sue a county government agency or state government agency requires an understanding of local statues, exemptions, and limitations.
Can You Sue the Government? TorHoerman Law. Publisher Name. Related Posts. October 22nd, What is Mitigation?
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