Suing the government for personal injury is not something to take lightly. There are many steps involved in this process, and they vary depending on the circumstances of your case. This article is designed to give you an overview of what you should know about suing the government for personal injury and demonstrate what to include in your lawsuit.
What is a Tort?
A tort is a civil wrong. A civil wrong is any injury or harm to another person that results from someone else’s intentional or negligent actions. A tort action is a claim brought by one party injured by another, seeking damages.
Who Can Sue the Government for Personal Injury?
The government could be sued for personal injury if you suffered an injury or harm due to: a government’s negligent hiring or training, operation, or supervision of its employees; a government’s failure to allocate or maintain adequate funds or assets to respond to an emergency; or a government’s failure to provide an adequate emergency response unit, such as police and fire department members.
What are the Cost and Value of a Personal Injury Lawsuit?
The value and cost to you of a personal injury lawsuit will depend on many things, such as: whether you have enough money put aside to cover your expected expenses in a lawsuit; the amount of time it will take you to recover damages if you win your lawsuit; and what type of case you choose to bring against the government. Regardless, it is hard to predict these costs because they vary depending on individual circumstances. However, keep in mind that a lawsuit will not guarantee you anything; it is up to you to bring your case before a judge and jury.
What Should I Include in My Lawsuit?
You should include an accident report, police reports, medical records, your medical bills, any expert witness reports and transcripts related to the incident, and more. If you do not have these documents already, you can contact the police department or hospital where you were treated to request copies. You should also include all of the correspondence you have sent or received with any government agency and a copy of documents related to your claim.
What Kind of Lawsuit Should I Bring?
If you plan on suing the government and have suffered a broken bone, debilitating injury, or chronic illness due to government negligence, you can sue in state court under state tort law. If your case involves relief from conditions at a state-owned property that creates a health hazard to you or your family members, you may sue in either state or federal court. For example, if you live in a “slum” or poor neighborhood owned by the government and your property tax is too high, you can sue the government in federal court to have your property taxes lowered.
What Types of Cases Are Not Admissible?
You cannot sue the government for torts on a state highway. However, certain federal and state constitutions allow an injured party to sue the state for injuries suffered due to state negligence on a state highway. A Gainesville personal injury attorney can easily guide you in determining if your case falls into this category.
What If I Have a Question?
You should contact the agency that is liable for your injury. You can ask for information about filing an appeal if you decide to file suit or ask for a status report on your claim. You may also wish to contact an attorney who specializes in personal injury to discuss your claim with them.