How do you file a Personal Injury Lawsuit against the Government?
Lot of people ask the question that if you’ve been injured by a governmental entity, or someone who works for the government, whether it’s state or national, can you bring a personal injury claim against the government? The answer is sometimes yes, sometimes no. There are special rules which govern when you sue the government.
For example, you usually have a shorter period of time to bring an action against a governmental entity. The second thing you’re required to do is you must also file a notice of claim. This basically means that you are putting the government on notice that you plan to bring a legal action against them. The theory behind this is that it gives them time to investigate the claim to determine if they can settle it prior to you actually suing them. Usually, they don’t settle it and they’ll deny the claim.
But before you can file a lawsuit against them, you must prove to the court that you have given them ample warning (filed a notice of claim), waited the period of time, which is usually six months to a year (depending on what state you’re in) and then you can bring an action or file a lawsuit against the government.
Remember the government has certain types of immunity meaning they aren’t liable in certain types of cases. Also when you sue the government, the amount the lawyer can get is usually less. Instead of 33.3% pre-suit, generally, by statute, it’s usually reduced to 25%.
Any time you get involved in an accident or injured by the government, or by someone who works on their behalf, heed this warning.
- File your notice of claim as soon as possible.
- Be aware of your State Statutes.
- Contact a Personal Injury Lawyer in your area that has experience in the area of personal injury law. They can best advise you of the statute and rules within your state.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
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Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.