When to reach out to our Government Immunity Attorneys?
Injuries on government property or by employees of a governmental entity such as a County, State, City or Village enjoy a measure of protection under the legal doctrine called governmental immunity. This means that governmental entities and government officials acting in their official capacity have some protection from a tort lawsuit. In other words, there are some laws that protect government entities Local governments are covered under the Tort Immunity Act, which protects certain government entities and their employees from liabilities arising from the operation of government.
There are many instances that will give rise to a valid claim against a government entity or employee. Therefore, you need to be aware of the following:
- For an example, an accident caused by a City bus or a car driven by a Federal Agent will have limited liability and the statute of limitation may be shorter than if you were to sue a non-government agency;
- The owner and operator of property you were injured on will also have limitations; and
- A government agency may be responsible if there employee is on official business. If that is true, you may be limited in the amount of compensation you can recover as well as to the time limitation in which you need to bring a claim.
In summary, there are many laws that protect government agencies from being responsible or limited the amount of compensation you can recover. For example, many claims against a government entity may have a statute of limitation which expires within one year from the date of accident. In other words, you have one year from the date you were injured to file a lawsuit. If you fail to file within the specific period of time, you will be forever barred from bringing a claim or being compensated. Some government agencies require written Notice in a specific form. If the Notice is not written properly or not filed with the correct agency, you may lose your right to bring a claim and hold the government agency responsible. This is extremely important and is another reason why it is important for you to retain an attorney. Of course, each State is a separate entity and each have different laws, such as different time periods called the statute of limitations which allow you to file a claim by a certain date. Navigating through the range of immunities permitted by these statutes is very complex, and it is best to seek the advice of an attorney.
This article is for informational purposes only and is not to be construed as legal advice. Your case may be different.
Contact our Government Immunity Attorneys
Consult an attorney in your area for further guidance.David K. Kremin & Associates and its affiliated law firms have been suing government agencies for 30 years and fully understand which Notices need to be filed and the time limitations in which to file such Notices or a lawsuit. It is recommended and urged that someone injured by a government agency secure an attorney immediately to protect their rights. Failure to file proper documentation within the statute of limitation will forever bar you from bringing a claim or being compensated. Please contact this firm for a free consultation 24/7 at 1(800) ASK-A-LAWYER or 1(800) 275-2529.