Can You File Against Government for an Injury?
When you are injured by another person's negligence, you usually have the right to compensate the default party. The same may be true, but it is more complicated and can be complicated when a government entity is involved.
The West Law Firm personal injury lawyers in OKC discuss such claims and explain what to know before proceeding in court. We do not have any obligations for our consultations.
When You Can Sue a Government Entity for an Injury?
Injuries which took place in some certain situations can be sued by government entities. Any person injured by the State may file a claim against it and seek compensation if all the criteria as follows are fulfilled:
A State employee committed negligent action, wrongdoing or omission.
The victim suffered a loss of property, personal injury or death by negligent action, wrongful act or omission.
In the course and scope of employment the employee was acting during the injury.
The loss of the victim can be compensated for the loss of money.
If he or she was a private individual a government employee would be responsible for the injuries.
Filing a Claim
If you believe that your injuries were to be caused in any way by a government entity, plead against it. For instance, if you, another car and a town bus are in a tri-vehicle accident, file a claim against the town, even if you believe the other car to be mainly faulty. The other driver may turn out to be unsure.
Time Limits
Each state's own time limits are set to apply to a government entity in a formal manner. There are limits of 30 days after the accident, but the majority of the limits are six months. If you are in a government-induced accident, check the time limit for your state so you are sure to file your claim in a time-limit.
Regardless of your deadline, don't wait until the last minute to file your claim. You may have forgotten anything, or you may have selected the wrong government entity — and it may be difficult to correct the error before the time expires.
When You Miss Deadline
You may not realize that a government entity has been to blame for a while after an accident. And the time period for filing a formal claim may have expired by the time you realize it. If so, your chances of receiving compensation from the government will not necessarily end, even though it makes the task much harder. Most states allow you to file a late claim if the good reason for the delay can be found.
However, what is legal for a good reason can vary considerably from state to state. This means that you were unaware in some states of the responsibility of the government entity. In other cases, you have to show that you investigated the person responsible but received wrong information or made an excusable mistake.
Whatever your reason, file your complaint with an explanation of why it is late, if you missed this deadline. You may always be permitted to file the claim by the government entity. If not, you can go to court in most states to ask for a late claim per letter. However, it is best to seek the help of a personal injury lawyer from us for this process.
**Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.