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What Is Government Liability?
Government liability refers to situations where a public entity, such as a federal, state, or local government, can be held responsible for injuries caused by its negligence. Under U.S. law, government bodies generally enjoy sovereign immunity, which means they cannot be sued under common law. However, exceptions to this rule have been established through specific statutes, allowing victims to seek justice under certain conditions.
Two key laws may apply when filing a government liability claim:
- Federal Tort Claims Act (FTCA): This law permits individuals to sue the federal government for injuries caused by the negligence of federal employees acting within the scope of their employment.
- Washington State Law (RCW 4.92.100): This state statute allows injured victims to file claims against Washington state or local government entities.
These laws create a pathway for compensation, but the process is far from straightforward. Filing a claim requires navigating strict procedural rules, meeting tight deadlines, and providing detailed documentation to support your case. Without a clear understanding of these legal complexities, even valid claims can face unnecessary delays or outright rejection.
While government liability cases share similarities with personal injury claims against private parties, there are critical distinctions:
- Strict Deadlines:
Government claims must be filed within shorter timeframes than standard personal injury cases. If you miss the deadline, your case may be barred entirely. - Notification Requirements:
Most government claims require formal notice to the agency involved before a lawsuit can proceed. This notification must often include detailed information about the accident, your injuries, and the damages you’re seeking. - Unique Filing Procedures:
Claims against the government involve specialized steps and paperwork that differ from private lawsuits. Even small errors can lead to delays or dismissals.
Steps to Take After an Injury Caused by Government Negligence
Document the Incident
Gather evidence, such as photos, witness statements, and medical records.
Report the Injury
Notify the appropriate government agency about the accident as soon as possible.
Consult an Attorney
Due to the complexity of these cases, working with an experienced government liability lawyer is crucial.
If you’re able to prove the key elements of your government liability claim, you could recover the compensation you deserve for your losses. In these cases, your losses generally fall into two main categories, both rooted in the legal concept of damages:
Economic Damages
These include the costs of medical treatment for your injuries, such as hospital bills, doctor’s visits, and ongoing therapy, as well as any income you lose from being unable to work during your recovery.
Noneconomic Damages
These refer to your subjective losses, which encompass pain and suffering, the impact on your personal relationships, and emotional distress caused by the accident and your injuries.
Estimating the right amount of compensation can be complex, but an experienced government liability lawyer in Yakima knows exactly how to handle it. For instance, our team will request copies of all your medical bills and receipts, and if you’re self-employed, we’ll review your paystubs or profit-and-loss statements to understand the full scope of your financial losses. This helps us accurately calculate your economic damages.
When it comes to noneconomic losses, we rely on our experience. Having represented countless clients, we know how a jury evaluates claims related to pain and suffering or emotional distress. In many cases, our clients are able to secure several times the amount of their economic damages in pain and suffering compensation.
Common Government Liability Questions
Can I sue the government if I was injured by a government employee?
Yes, you can sue a government entity if your injury was caused by the negligence of a government employee acting within the scope of their duties. Federal claims are typically filed under the Federal Tort Claims Act (FTCA), while state and local claims in Washington fall under RCW 4.92.100. However, the process is more complicated than filing a standard personal injury lawsuit, so it’s essential to follow the specific procedures and deadlines outlined by these laws.
What kinds of incidents can lead to a government liability claim?
Common examples include car accidents involving government vehicles, injuries caused by unsafe conditions on government property, medical malpractice in VA hospitals, and harm caused by improperly trained or supervised government employees. Each case must demonstrate that the government or its employee acted negligently and that negligence directly caused your injuries.
How much time do I have to file a claim against the government?
The deadlines for filing claims against the government are shorter than those for private claims. For federal cases under the FTCA, you generally have two years from the date of the incident to file an administrative claim. In Washington state, claims against state or local entities often have even shorter deadlines. It’s critical to act quickly to preserve your right to seek compensation.
What is the process for filing a claim against the government?
Filing a claim usually begins with submitting an administrative claim to the appropriate government agency. This document must include detailed information about the incident, including when and where it occurred, how the government was negligent, and the damages you’re seeking. The agency will investigate your claim and either approve or deny it. If denied, you may then file a lawsuit in court.
Are government employees personally liable for injuries they cause?
Typically, no. When a government employee is acting within the scope of their official duties, the government entity they work for is held liable for their actions. However, if an employee acted outside their duties or engaged in intentional misconduct, they could potentially be held personally responsible.
What types of compensation can I recover in a government liability case?
You may be eligible to recover compensation for medical expenses, lost wages, future lost earning capacity, pain and suffering, and other damages related to your injury. The exact amount will depend on the specifics of your case and the laws governing the claim.
