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Time is of the essence when bringing a personal injury claim against a government entity.

GovernmentIn some situations, a government entity may bear full or partial responsibility for the injuries incurred in an accident. Even if you are not yet sure of all the details, generally speaking it is best to move forward with the process of initiating a lawsuit against the government entity as quickly as possible, to preserve your right to sue. Here is what you need to know about suing the government for a personal injury.

Filing an Administrative Claim

Before you can sue a government entity, whether it be the city, state, or federal government, you must first file an administrative claim according to their procedures. This must be done within six months of the accident that caused your injury. This is quite a bit sooner than you would have to begin working on a personal injury claim against a private citizen.

Filing a Lawsuit

After you file your administrative claim, the government will spend up to 45 days deliberating. If they deny your claim, you have the option of filing a lawsuit in court within the next six months. If they never respond in writing to your claim, you will have two years to file.

Three Examples of Personal Injury Claims Against a Government Entity

There are three main scenarios in which you might need to file a claim against a government entity:

Car accidents with government vehicles: Whether you have been in an accident involving a city bus or a government vehicle driven by an on-duty employee, you may have grounds to sue the government agency for your injuries and suffering. In cases where multiple drivers may have been at fault, it is definitely a good idea to include the government vehicle in your lawsuit, even if they may bear only a small share of the responsibility. This will help ensure that even if the other drivers were uninsured, at least one liable party will have the means to provide you with compensation.

Premise accidents on government property: Like any property owner, government agencies are expected to keep their properties in safe and hazard-free condition. They are expected to inspect the grounds regularly and correct or at least warn of dangers promptly. So if you have been injured in a slip and fall or trip and fall accident on government property, you would probably have a good basis for a personal injury lawsuit.

Accidents caused by government employees: While carrying out their official duties, a government employee is a representative of the government agency and that agency is responsible for all their actions. So, if you were involved in any kind of accident caused by an on-duty government employee, you could sue the government as well as the individual.