When you are injured by a governmental employee, you deserve justice just like anyone else. However, suing a governmental entity is a little more complicated than suing other individuals or corporations. The Texas Tort Claims Act protects governmental entities from many types of lawsuits. If you are in a state other than Texas, your state probably has a Tort Claims Act similar to the one in Texas. You will want to obtain an attorney to help you navigate the complex statutory rules. Here are just five things that are important to know.
I. You have to Provide Notice
Before filing a lawsuit against a governmental entity, you have to provide the entity notice of your claim. This is just a short letter letting the entity know when you were injured, where it happened, a description of the incident, and the nature of the injury. Normally, you have 180 days to send this notice. However, you’ll want to check your city or county’s charter because some require a shorter time period. This can be as soon as thirty days after you are injured.
II. You Cannot Sue Governmental Employees.
If you are injured by a governmental employee, you have to sue the entity, not the employee. So let’s say a police officer crashes into your car. You would sue the city that employs them, not the individual officer. That works out since the entities often have more money than their employees anyway.
III. You Cannot Sue Non-Jural Entities
You also have to be careful not to sue a department of a governmental entity. Police departments, sheriff’s offices, and jails are non-jural entities, meaning they cannot be sued. If you are injured by an entity like this, you will need to sue the city or county they are part of.
IV. Only Some Types of Suits are Allowed
You can only sue a governmental entity in three situations. The first is when a governmental employee negligently operates a motor vehicle. So if you are in a car accident with an ambulance, you may have a lawsuit. However, the government remains protected if the employee driving was responding to an emergency. The second situation in which you may have a viable lawsuit is when a negligent use or condition of governmental personal property causes your injury. Personal property is basically any property other than land or buildings. For example, if you were electrocuted by a badly wired object owned by the government, you may have a case. The third situation is when you are injured due to a dangerous condition on government property. However, the governmental entity had to have had knowledge of the dangerous condition before your injury. The rules are much more complicated, and you will need an attorney to help you decide if you have a strong case.
V. Your Damages are Limited
When suing the government in Texas, you are never able to recover punitive damages. For personal injury or death, your damages are usually going to be capped at $250,000. If multiple people are injured in the same incident, damages against a state or municipal government are capped at $500,000. For damage to property, damages are capped at $100,000.
In conclusion, the rules for suing governmental entities are complex. The attorneys at Lento Law Group are highly experienced in suing governmental entities to obtain the money and justice you deserve. If you are injured by a governmental employee, call us right away at 856-652-2000.