In Michigan, the procedure for filing injury claims against the government is dictated by the Governmental Tort Liability Act (the Act). We’ll look at some key aspects of the Act, including what it does (and doesn’t) cover and some of the special rules and deadlines for filing a personal injury claim.
As a general rule, government agencies and the people who work for them are immune from liability (meaning not legally responsible) for torts—wrongful conduct that injures a person or their property—if they’re performing a “governmental function." (Mich. Comp. Laws § 691.1407 (2023).) Government agencies include Michigan and its political subdivisions, like cities, counties, townships, and more. (Mich. Comp. Laws § 691.1401(a) (2023).)
What’s a "governmental function"? According to the Act, it’s any action required or authorized by law. Perhaps not surprisingly, Michigan courts interpret this definition very broadly. As long as there is some basis in some law for the government's action, it will be treated as an immune "governmental function"—and thus be protected from a lawsuit.
In the simplest terms, immunity means that Michigan and its local governments aren’t legally obligated to pay damages for injuries they cause. But there are some important exceptions to this rule. The exception we’re concerned with here arises when the government “waives,” or voluntarily gives up, its immunity.
In addition to declaring that Michigan and its political subdivisions are generally immune from liability, the Act also partially waives that immunity—but only in specific kinds of cases. To take advantage of this waiver, you must carefully follow the rules Michigan has created. Among other things, these rules:
The Act partially waives immunity—meaning it allows you to bring a personal injury claim—in seven categories of cases. Just as the immunity clause is read broadly, these exceptions are read narrowly.
Public highways exception. Michigan law requires any government agency with authority over a stretch of road to keep it "reasonably safe” for travel. (Mich. Comp. Laws § 691.1402(1) (2023).)
This exception doesn’t apply unless the government knew or should have known that the road was dangerous and had time to make repairs. When a dangerous condition exists and is readily apparent for at least 30 days prior to an injury, Michigan law presumes that the government knew about the danger and had enough time to fix it. (Mich. Comp. Laws § 691.1403 (2023).)
Public sidewalks exception. A city, village, or township must keep any sidewalk that’s adjacent to a road in “reasonable repair.”
A person who claims injury under this exception must show that the government knew or should have known about the dangerous sidewalk at least 30 days before the injury happened, but failed to fix it. Michigan law presumes that the government reasonably maintains its sidewalks, and it’s the injured person’s burden to overcome that presumption with proof of a dangerous condition. (Mich. Comp. Laws § 691.1402a (2023).)
Motor vehicle exception. Generally speaking, the government is responsible when an employee's negligent driving causes an injury. (Mich. Comp. Laws § 691.1405 (2023).) Michigan is a no-fault auto insurance state, so a person who’s injured by a government employee driver will have to satisfy the state’s tort threshold before they can bring an injury claim.
Public buildings exception. Government agencies must keep buildings that are open to the public reasonably safe by repairing and maintaining them as necessary. The government is liable for injuries when:
When a dangerous condition exists for at least 90 days before an injury occurs, Michigan law presumes that the government agency knew of the danger and had time to repair it. (Mich. Comp. Laws § 691.1406 (2023).)
Medical malpractice exception. Government agencies aren’t immune from lawsuits for medical negligence unless the treatment was provided in a hospital owned by the Michigan Department of Community Health or the Michigan Department of Corrections. (Mich. Comp. Laws § 691.1407(4) (2023).) However, courts have held that county jail staff, community mental health agencies, and social workers may face liability.
Sewage disposal system exception. If a defect in a sewer, storm, or drain system isn’t repaired in a reasonable time and it ends up causing injury, the government agency that owns or operates the system can face liability if it knew or should have known of the danger but didn’t make needed repairs. (Mich. Comp. Laws § 691.1417 (2023).)
Noneconomic damages for injuries like pain and suffering and emotional distress aren’t allowed unless the defect causes death, serious impairment of a body function, or serious, permanent disfigurement. (Mich. Comp. Laws § 691.1418 (2023).) The responsible government agency must be given written notice of a claim within 45 days after the injury was discovered or should have been discovered. (Mich. Comp. Laws § 691.1419(1) (2023).)
Proprietary function exception. When the government’s activities were “proprietary,” meaning intended to make a monetary profit from something other than taxes or fees, the government isn’t immune from liability for resulting injuries. (Mich. Comp. Laws § 691.1413 (2023).)
If you’re hurt by the negligence of a government agency or government employee, you’re not allowed to simply file a lawsuit. Instead, you first have to give the government written notice of your claim. If the government denies your claim and you still want to pursue it, then you’re allowed to file a lawsuit.
Here are the claim notice deadlines.
Injury caused by dangerous roads or buildings. You must notify the responsible government agency within 120 days after the date you’re injured. The notice must specify:
(See Mich. Comp. Laws § 691.1404(1) (2023) (roads); Mich. Comp. Laws § 691.1406 (2023) (buildings).)
The notice period is 180 days when the person injured by a dangerous road was under 18 years old at the time of injury. (Mich. Comp. Laws § 691.1404(3) (2023).)
Any other claim against the State of Michigan. For any other claim against Michigan, you’re required to file a written notice of your claim with the clerk of the Michigan Court of Claims (see below). The notice must be filed within 6 months from the date your claim “accrues,” which is usually the date you were injured. (Mich. Comp. Laws § 600.6431(4) (2023).)
Other claims against a local government. Be sure to check with the clerk or attorney for the local government to find out about claim filing requirements.
Deadline for filing a lawsuit. When the government denies your claim, you must file a lawsuit within two years from the date you were injured.
Claims against Michigan must be filed either with the State Administrative Board or with the Michigan Court of Claims. If your claim is for less than $1,000, file it with the State Administrative Board. Otherwise, file it with the Court of Claims. (See Mich. Comp. Laws § 600.6419(1) (2023).)
To file with the State Administrative Board, fill out form DTMB-1104 and follow the instructions provided on the claims page. The Michigan Court of Claims also provides filing instructions on its website.
Every local government has its own rules for filing claims. For example, in Detroit, claims are handled by the city's Law Department. You’ll find claim forms as well as instructions for what to include with each form, such as doctor’s bills or verification of lost wages.
Getting compensation when you’re injured by the government or a government employee can be tricky. You’ll have to navigate special rules and deadlines that don’t apply in other personal injury cases. The price of making a mistake can be high: You can lose your right to file a claim and collect damages for your injuries.
If you need help, think about hiring an experienced Michigan lawyer to handle your claim. Here’s how to find an attorney near you.
The California Tort Claims Act (CTCA) appears in sections 810 through 996.6 of the California Government Code. It states that, as a general rule, "a public entity is not liable for an injury."
For hundreds of years, the legal concept known as "sovereign immunity" has insulated government agencies and their employees from liability for injury for hundreds of years.
In the U.S., states have adopted the sovereign immunity rule to limit their liability (as in California's statutory excerpt quoted above), but have then have carved out exceptions through which an injured person can seek compensation for injuries and other losses caused by the government.
The result is that a claimant must usually follow a strictly-enforced procedure—as laid out in a law like the CTCA—before they can get compensation for their government-caused injuries.
The California Tort Claims Act covers all civil liability claims for "money or damages." In other words, it covers not only negligence cases such as those arising from a car accident, slip and fall, or medical negligence, but also claims like nuisance, intentional wrongs, and breach of contract. (Learn more about "damages" in injury cases.)
As a rule, a government agency or entity is responsible for the negligent acts of its employees, as long as, at the time of the accident or incident giving rise to the claim, the negligent person was:
Under the CTCA, the injured person must file a claim with the agency or entity that employs the negligent person. The CTCA does not permit claims against the negligent employee directly.
Public entities in California may also be held liable for injuries that are caused by the negligence of their independent contractors. (Learn more about employees versus independent contractors under California law.)
If you're alleging that the state government or one of its employees is responsible for your injury, you can start by filing a claim with the California Department of General Services Office of Risk and Insurance Management. Check their site for details on the claim filing process, for a list of the types of claims that must be filed elsewhere (such as claims against Caltrans or the California State University system).
If your claim is against a city or county, many municipalities have online claim portals or forms you can (or must) use to streamline the process. See, for instance:
Elsewhere, call the relevant city or county government and ask them for information on filing an injury claim, including whether the claim needs to be made on a specific form. If there is no claim form to submit or you run into a dead end, you'll probably need to draft your own "notice of claim" in letter form. Here's what to include, according to the procedure set out in the CTCA:
Before a lawsuit can be filed in California court, the injured person must file a claim with the government agency within six months of the date of injury. The government then has the option to accept or reject the claim, usually within 45 days. What happens next?
Keep in mind that the government may also attempt to negotiate a settlement of the injury claim, just as a private party or insurance company might when faced with a liability claim or lawsuit.
You are not obligated to follow through with a lawsuit if you file a claim, even if your claim is rejected. So it is often wise to provide notice of what happened in order to keep your options open.
Making an injury claim under the California Tort Claims Act can be a complicated endeavor, especially if you're unsure about which government entity might be responsible for your injury, and how to comply with the procedural guidelines.
For advice tailored to your situation, it might make sense to talk to an experienced lawyer. Learn how to find the right personal injury lawyer for you and your case. You can also connect with a California injury lawyer right on this page.
]]>Nebraska’s State Tort Claims Act specifies that "the State of Nebraska shall not be liable" for torts (injuries) caused by employees, officers, or agents, "and no suit shall be maintained against the state" unless it is permitted under the rules provided by the State Tort Claims Act.
Although it doesn’t use these words, Nebraska’s State Tort Claims Act is referring here to the rule of sovereign immunity. This rule, based on law inherited from England, bars private individuals from suing the state under the theory that "the king can do no wrong." While every U.S. state continues to acknowledge the rule of sovereign immunity, all have created specific exceptions that allow an injured person to seek compensation from the state government.
So nowadays, if you’re in a car accident caused by a city bus driver, or if you slip and fall on state government property, you have options for seeking compensation, but you need to play by a unique set of rules.
The rules and procedures of the Nebraska State Tort Claims Act are laid out starting at Nebraska Revised Statutes section 81-8,210. These laws specify that an action brought under the Act must:
So, what type of accident or incident could give rise to an injury or property damage claim under the State Tort Claims Act? Generally speaking, almost any kind of mishap, including:
A claim under the Nebraska State Tort Claims Act needs to filed within two years of the date of the accident or other incident that gave rise to the injury.
Claims against the government in Nebraska are the responsibility of Nebraska Department of Administrative Services Office of Risk Management and the State Claims Board. A claim begins when the appropriate form is filed with Risk Management. A "Tort & Miscellaneous Claim Form" is available on the Risk Management website, along with instructions and a brief explanation of the claims process.
Claims with damages totaling $5,000 or less must be approved by the state Risk Manager. If the claim is approved:
Claims totaling more than $5,000 but less than $50,001 must be approved by the State Claims Board.
Claims totaling more than $50,001 must be approved by the Nebraska State Legislature.
If any claim is not approved by the relevant decision-maker, you're now free to file a lawsuit in court, as you might with any other kind of personal injury claim. Nebraska’s district courts have jurisdiction over state tort claims under Nebraska Revised Statutes section 81-8,214.
For more details, check out the online publication Standard Operating Procedures: How to File a Tort Claim Against the State of Nebraska, from the Nebraska Department of Administrative Services.
Making an injury claim under the Nebraska State Tort Claims Act can be tricky, especially if you're unsure about which government entity might be responsible for your injury, how to comply with the procedural guidelines, or how to go about putting your best claim together.
It might make sense to talk to an experienced lawyer to get advice tailored to your situation, and an explanation of your best options. Learn how to find the right personal injury lawyer for you and your case. You can also connect with a Nebraska injury lawyer using the tools on this page.
]]>Florida Statutes section 768.28 governs claims filed against the state (including its "agencies and subdivisions"). Through this law, the State of Florida has conditionally waived its right to immunity from liability in certain situations. Under these rules, a person who is injured by the state government or a government employee in Florida may file a claim and ask for compensation from the government if:
However, the Florida statute does impose certain limitations on the kinds of claims that injured parties can bring. For instance:
Additional limitations apply to cases filed against law enforcement officers or agencies, public health agencies (including public hospitals), and the Florida Space Agency. Claims that come from inmates of the Florida Department of Corrections are also subject to special time limits.
If you are injured by the state government in Florida, you must put the state agency involved in the claim (and the state's Department of Financial Services) on notice of the claim, in writing, within three years of the occurrence of the underlying incident, and no lawsuit can be filed until after a 180 day investigation period, unless the claim is formally denied.
A letter describing the date, facts, and losses can be mailed, or you can use one of the optional claim forms available from the Florida Division of Risk Management.
The notice of claim must be provided on paper. An emailed notice will not be considered sufficient, according to the Division of Risk Management.
If the claim is denied, a personal injury suit against the government in Florida must be filed within three years of the date of injury. If the claim is a wrongful death claim, however, it must be filed within two years.
Inmates of the Florida Department of Corrections have one year to give written notice of their claim and three years in which to file the lawsuit itself.
Learn more about the Claims Process (from Florida's Division of Risk Management).
But what if you are injured by a county or municipal agency or employee?
Just like claims against the state, claims against local governments in Florida must start with notice, in writing, of what happened. This notice should be sent to the local government department in charge of handling claims. Florida counties and municipalities frequently include this information on their websites. For instance, both Orlando and Miami explain on their respective websites how to file a claim.
]]>Claims against the state government in Kentucky are allowed by section 231 of the Kentucky Constitution. This section states that "The General Assembly may, by law, direct in what manner and in what courts suits may be brought against the Commonwealth."
Although this section is short, it is also powerful. It acts as a waiver to the rule of "sovereign immunity," which comes to the United States through the common law of England. Under the rule of sovereign immunity, U.S. citizens may not sue the government -- just as medieval English citizens could not sue the king -- even if they are harmed by the government's (or the king's) actions.
Every U.S. state acknowledges the old rule of sovereign immunity, but each state has also created certain exceptions to the rule, allowing injured persons to seek compensation from the government.
Kentucky Revised Statutes section 44.070 sets out the state’s rules for filing claims against the government. These claims are handled by the state’s Kentucky Claims Commission (formerly known as the Board of Claims), which hears claims related to "damages sustained to either person or property as a proximate result of negligence" by the state, its employees, or agencies.
Common types of claims the Kentucky Claims Commission hears include claims resulting from car accidents, premises liability accidents, medical malpractice, and property damage. If any of these claims results in death, the Kentucky Claims Commission may also consider the resulting wrongful death case.
The Kentucky Claims Commission rules prohibit the Commission from hearing certain types of injury claims. These include:
Even if a claim succeeds, the damages award can be reduced if the injured person is receiving workers’ compensation, Social Security disability payments, unemployment benefits, or payments or benefits from medical, disability, or life insurance that are related to the injury claim.
All claims filed against the state government in Kentucky must be filed within one year of the date of injury. If the claim is not filed within one year, the Kentucky Claims Commission will refuse to hear it.
The Kentucky Claims Commission has the power to investigate, examine evidence, hear from witnesses, and make decisions about injury claims that involve the state or its employees. Damages in these cases are "capped," or limited, to $200,000 per claim. If a single action gives rise to multiple claims (for instance, a car accident creates a claim for injury from two different family members, and a claim for property damage), the total amount of damages is capped at $350,000 for all the claims. If there is more than one injured claimant, the damages must be divided equally among them, and no one person may receive more than $200,000.
See a Sample Claim Form from the Kentucky Claims Commission.
City, county, and other local governments in Kentucky each have their own processes for handling claims for damages. For instance, in Lexington, Kentucky, claims are handled by the city attorney’s office, which explains the process on its website. Many local and municipal governments provide forms for filing claims online or in their respective government offices.
]]>Filing an injury claim against the state government, or against a local government, isn’t always as easy as filing a claim against a private party. In Arkansas, specific rules govern when, where, and how you can seek compensation if you’re injured by the negligence of a government employee or agency. In this article, we’ll explore some key points of Arkansas law related to claims against the government.
Article V, Section 20 of the Arkansas Constitution declares: "The state of Arkansas shall never be made defendant in any of her courts."
This statement is another way of expressing the traditional English rule of "sovereign immunity," which has also been adopted by the federal and state governments in the United States. Often expressed as "the king can do no wrong," this rule held that, because the king made the law, the king could not violate the law -- and could not be sued under it.
Today, every U.S. state acknowledges the rule of sovereign immunity. However, every state also creates a process by which people injured by the state's negligence can seek compensation.
If "the state of Arkansas shall never be made a defendant in any of her courts," how can an injured person use the law to seek compensation for injuries caused by a state employee or agency?
The answer lies in Section 21-9-301 of the Arkansas Code Annotated (ACA). This section lays out how the state can be held accountable when a state entity’s negligence causes harm, and the process for seeking damages.
Section 21-9-301 states that government agencies, employees, and subdivisions (including local governments) "shall be immune from liability and from suit for damages except to the extent that they may be covered by liability insurance." In other words, if a government entity has liability insurance for a certain type of harm, an injured person may seek compensation from that entity if he or she has suffered the type of harm that is covered.
Section 21-9-303 of the ACA requires "all political subdivisions" of Arkansas to carry auto insurance that meets the state's minimum requirements. It also specifies that if a person is injured, or their property damaged, by a government employee or volunteer, that person may sue the insurer or the government entity responsible for the vehicle. In other words, if you’re injured in a car accident involving a government employee in Arkansas, you can almost certainly seek compensation for your injuries or damaged property.
Although certain types of injury claims can be filed against the government in Arkansas, they cannot be filed in a state court. Instead, an injured person will need to file their claim with the Arkansas Claims Commission. Forms and instructions for filing these claims are available on the Claims Commission’s website.
Damages in an injury case against a unit of government in Arkansas may include compensation for things like medical bills and damaged property. Damages are "capped," or limited, at the total coverage provided by applicable insurance policies. Like many states, Arkansas prohibits the awarding of punitive damages in claims against the government -- even if the government entity’s behavior was grossly negligent or intentional.
The ACA gives local and municipal governments the power to create their own methods for handling claims filed against them. If you are injured by a county or city worker, for example, you’ll need to use the procedure created by the county or city government.
Many municipal governments in Arkansas provide information on filing claims through their legal office or risk management office. For instance, the City of Little Rock provides information through the City Attorney’s office.
]]>Think of a car accident involving a government employee or a slip and fall in a government building. Filing an injury claim after an incident involving the government is a lot more challenging, and in this article we'll cover the details of the law in Alabama.
Article I, Section 14 of the Alabama Constitution states "That the State of Alabama shall never be made a defendant in any court of law or equity." This statement is an expression of the old English rule of "sovereign immunity."
Every U.S. state still acknowledges the rule of sovereign immunity, which is sometimes expressed as "the king can do no wrong." In England, people were unable to sue the king, even if the king had taken an action that injured them. This prohibition existed because it was reasoned that, if the king made the laws, then the king could not be held accountable under those same laws.
Today, every U.S. state carves out some exceptions to the rule of sovereign immunity. Alabama has very few exceptions to this rule, making it difficult to succeed in an injury claim against the government.
Alabama law distinguishes between claims against a state government entity itself and claims against government employees acting as individuals. The first type of claim is known as a “State claim.” Nearly all State claims in Alabama are barred by “State immunity.”
The second type of claim is known as a “State-agent claim.” Unlike State claims, State-agent claims can be filed if the government employee who caused harm acted "contrary to clearly established law" and did not act in good faith.
In Ex parte Sawyer, 876 So.2d 433 (Ala. 2003), the Alabama Supreme Court held that, when an injured person seeks damages from a government employee in a State-agent claim, the question is whether a “reasonable official” would have believed his or her actions were legal.
In some State-agent cases, “State-agent immunity” works to bar the claim. State employees whose positions are created by legislative pronouncement receive State-agent immunity automatically, as do constitutional officers. In Ex parte Estate of Reynolds, 946 So.2d (Ala. 2006), the Alabama Supreme Court held that other government employees must show that they had immunity. If they do, the injured plaintiff has to demonstrate why an exception should apply. Showing that a state agent acted “willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law” may all create an exception to immunity. In other words, mere carelessness or negligence is not enough.
Claims against government employees or agents in Alabama may be filed in the state's civil court. However, they must be filed according to the statutory deadline (set by the Alabama statute of limitations for injury claims), which is typically two years from the date of the underlying accident or incident.
For minors under age 18 who are injured, the two-year statute of limitations begins to run when the injured person turns 19.
It’s also important to figure out whether your claim is against an employee of the state, or an employee of a local or municipal government, such as a city or county worker. Different rules apply to claims filed at the local or municipal level. For instance, a formal claim against a municipality must be filed within six months of the date of injury, according to Alabama Code section 11-47-23.
The formal claim process typically begins when you file a claim form with the unit of government involved in your case. Several Alabama localities, including the City of Montgomery and the City of Birmingham, provide instructions and claim forms on their websites or in city offices. If you do not file your notice of claim within the deadline -- so that it can be properly considered, and accepted or declined by the government -- you may not be able to file your lawsuit in court later (which is usually the procedure to follow if your claim is officially denied).
]]>The Massachusetts Tort Claims Act governs claims brought against the government for the negligence of its "public employees." Section 2 of the MTCA states that "public employees shall be liable for injury or loss of property or personal death" caused by negligence, wrongful acts, or omissions. However, the Act also limits government liability in certain ways, including a $100,000 cap on damages per plaintiff in most cases (more on this below).
By allowing the state government to face liability for negligent acts, the Massachusetts Tort Claims Act limits the traditional rule of "sovereign immunity." This rule, which was used in England and the United States for hundreds of years, held that the "sovereign" (here, the government) could not be sued for its acts or decisions, even if harm came to individuals as a result.
Note: Public employees themselves retain immunity for any negligent act committed in the course and scope of their employment, but that immunity does not extend to intentional acts.
(Learn more about Negligence and Fault for an Accident.)
The MTCA allows injured persons to sue for the harm caused by negligent government employees, in much the same way that an injured person could sue a negligent private entity. For example, the following types of claims might appear in the Massachusetts Court of Claims:
The MTCA limits liability against government employers in certain ways, however, including a $100,000 per-plaintiff cap on damages, except that "all claims for serious bodily injury against the Massachusetts Bay Transportation Authority shall not be subject to a $100,000 limitation on compensatory damages."
Claims against both municipal and state governments in Massachusetts must first be filed with the employer in charge of the potentially negligent employee. When the claim is against a municipal employee, it should be filed with the municipality. Many cities, including the City of Boston, offer instructions and forms for filing these claims on their official websites. The time limits for filing these claims are the same at both the municipal and state levels.
Before a claim against a public employer can be filed in the Court of Claims, the injured person must first present the claim in writing to “the executive officer” of the employer. This claim must be presented within two years of the date of injury, and the injured person must wait for the claim to be accepted or rejected before filing with the Court of Claims. Claims that involve the sexual abuse of a child, however, do not have to be presented to the employer before they are filed in court.
Once the claim is presented to the public employer, the employer has six months to pay it, settle it, or reject it. If the public employer rejects the claim, the injured person may file with the Court of Claims. This filing must be made within three years of the date of injury.
]]>The Texas Tort Claims Act can be found at Texas Civil Practice & Remedies Code Title 5, Chapter 101. Passed in 1969, the Act partially waives the state’s immunity to liability for wrongs committed by its "governmental units" and their employees.
Section 101.021 of the Act specifies that a "governmental unit" includes almost any government agency or organization at either the state or a local level, such as all state agencies and "all departments, bureaus, boards, commissions, offices, agencies, councils, and courts" of the state, plus "a political subdivision of this state, including any city, county, school district, junior college district, levee improvement district, drainage district, irrigation district".
Under the Act, a "governmental unit" can be held liable for two classes of injuries:
However, two conditions exist. The state is only liable if the employee that caused the accident was both "acting within the scope of his employment” and if the employee would have been liable if he or she had been a private individual.
In claims involving car accidents or similar mishaps, an injured person may seek damages if death, personal injury, or property damage occur. In other cases—such as a premises liability claim for a slip and fall accident—the injured person may seek damages if death or personal injury occur, but may not seek damages for harm to property.
In addition, the damages that can be recovered in a claim against the state government are limited. The Texas Tort Claims Act limits damages in these claims to no more than $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 per occurrence for damaged property.
Claims against a local or municipal government in Texas should be filed with the local or municipal government directly, instead of with the state. Most municipal governments provide instructions and/or forms for filing a claim. For instance, the City of Houston offers instructions and contact information on its Legal Department website. The City of Austin also gives instructions and a mailing address.
Currently, the Tort Claims Act states that a local or municipal government, as well as the state government, may be held liable for damages if it is negligent in performing certain "government functions," or functions that the municipality has the power to carry out under Texas law. These include things like police and fire protection, sanitation services, street and bridge construction, and a host of other tasks.
However, Texas municipalities are not liable for damages that arise out of "proprietary functions," or non-mandatory functions that the municipality may perform. These include things like parks operated by the municipality or supervision of "abnormally dangerous or ultrahazardous" activities. In these situations, the government is typically liable exactly as if it were a private person. It cannot use the Texas Tort Claims Act to shield itself from liability.
Damages that can be recovered from "a unit of local government" are limited to $100,000 per person and $300,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. For claims against a "municipality," damages limits are $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 per occurrence for damaged property.
Section 101.101 of the Texas Tort Claims Act states that notice of a claim must be filed with the appropriate government unit within six months of the date of the accident. The notice must include a description of the injury or damage, the time and place the incident occurred, and a description of what happened.
Some local and municipal governments set shorter time limits for filing notice of a claim. For instance, the City of Houston has a 90-day time limit. In the City of Austin, the time limit is 45 days.
For more information on filing an injury claim against the Texas government, it may make sense to talk to a personal injury attorney in your area.
]]>Claims against the state government in Arizona are governed by the Arizona Tort Claims Act, which sets very specific rules for when, where, and how an injured person can seek damages from the state after an injury. We cover some of the key details of this law in the sections below.
Arizona’s Tort Claims Act, which is codified starting at Arizona Revised Statutes section 12-820, dictates very specific rules about when an injured person may (or may not) file a claim against the government.
The statute also outlines situations in which the government has total immunity from lawsuits. This immunity, also known as “sovereign immunity,” is based on a very old concept. It dates back to medieval England, when no citizen was allowed to sue the king for harm because it was assumed that “the king can do no wrong.” Today, while every U.S. state still acknowledges the rule of sovereign immunity, most states have carved out exceptions to the rule, making it possible to seek damages from the government in some situations.
Generally speaking, a claim may be filed against the government if the agency or person who caused the harm could have been held liable for negligence if he or she had been acting privately. (Learn more about Negligence and Fault for an Accident.)
Arizona’s statute contains a number of exceptions, however. Here are a few of the key instances in which a person may not sue the government for injury or loss:
In addition, government employees (and employers) cannot be sued in the following instances, unless the injured person can prove that the employee acted intentionally or with “gross negligence”:
Arizona law specifies that while the immunities in the law do apply to public agencies and employees that hire contractors, they do not apply to the contractor. In other words, a contractor that caused one of the harms described above may be liable, even if the state cannot be held liable.
Claims must be filed in writing, with the agency allegedly responsible for the harm, within 180 days of the date of injury. The claim must include:
The state of Arizona provides claim forms online that contain space for the required information. If the claim is not filed within 180 days, the state will deny it, and a lawsuit may not be filed in court.
An exception exists for children under age 18 and people who have been determined to be "incompetent" by a court. If a person in one of these categories is injured, he or she has 180 days after they reach age 18 or are declared competent.
When a claim is filed, the state has 60 days to respond. If no response is sent within 60 days, the claim is automatically treated as denied. In that situation (and where an official claim denial is sent) the injured person is allowed to file his or her lawsuit in the state's courts.
While Arizona does not "cap," or limit, the total damages that may be awarded to an injured person in a claim against the state, it does prohibit courts from awarding punitive damages in these cases. Learn more about Personal injury Damages.
Many claims against the government actually involve local government entities, like county or city officials, rather than the state government. Claims against the local government in Arizona begin in the same way as claims against the state, with written notice filed with the local government agency involved. Some localities, like the City of Tempe, offer claim forms online.
It is important to double-check deadlines when filing a claim with a local government, as not all local governments use the same deadlines as the state.
]]>Injury claims against the state government in Nevada are governed by Chapter 41 of the Nevada Annotated Code(NAC).
These rules provide a way for people injured by the government -- or its officers, agents, and employees -- to skirt the traditional rule of “sovereign immunity.” This rule originated in England and was adopted by governments in the United States. Traditionally, the king (or sovereign) was immune from lawsuits. Citizens could not sue the king, even if the king’s actions caused them harm, because it was believed that "the king can do no wrong."
Today, while all fifty U.S. states still acknowledge the rule of sovereign immunity, all have created statutory exceptions to that rule, allowing injured persons to sue the state government in certain cases.
Generally speaking, if the party that caused the injury was the state government or a government employee carrying out his or her job duties at the time, the injured person can seek compensation from the state. The injured person will then need to show that the state (and or a state employee) caused the claimed injury. Usually that means showing negligence on the part of the wrongdoer. Learn more about Negligence, the Duty of Care, and Fault for an Accident.
So, that means an injury claim against the state government could be brought if it can be shown that the government or one of its employees caused or contributed to a:
Nevada’s tort claims act contains specific rules for filing an injury claim against the government. In order to start the process, the injured person must file a written, signed claim with the Nevada State Board of Examiners.
The written claim must include the following information:
The state Department of Risk Management has a tort claim form available on its Web site.
The attorney general’s office will review any properly-submitted claim and decide whether to approve or deny it. If the claim is approved, the state pays the claimant's losses. If the claim is denied, the injured person has the option to file a civil lawsuit in a Nevada court and seek damages.
Any claim brought against the state in Nevada must be filed within 2 years of the date of injury. If the claim is not filed within two years, it will be rejected by both the state and the courts. In addition, damages in claims against the state government are capped, or limited, to $100,000 per claim. Punitive damages may not be awarded in injury claims against the government.
Sometimes, a claim arises from an injury or accident involving a local or municipal government employee or official -- for instance, a car accident involving a county employee who is on the job, or a slip and fall accident inside a city office building.
Injury claims against local governments are similar to those made against the state government, in terms of process. For instance, the claim must begin with a written notice filed with the local or municipal government that is allegedly to blame for what happened. Some local governments, such as the City of Las Vegas, offer injury claim forms or instructions for filing a claim on their Web sites.
]]>Tort claims against the government in Minnesota are covered by Minnesota Statutes section 3.736. As a rule, the state "will pay compensation for" property damage, injury, or death "caused by an act or omission of an employee of the state while acting within the scope of office or employment." Some exceptions do apply, and those are listed in the same statute (and touched on below).
Minnesota's law represents a departure from the longstanding legal rule of "sovereign immunity," which entitles states to protection from liability for most kinds of harm resulting from government action (or inaction). Today, every U.S. state has waived, limited, or created exceptions to the rule of sovereign immunity, allowing injured citizens to seek compensation from the state in certain circumstances.
Minnesota’s tort claims act allows injured persons to bring a variety of different injury claims against the government. These include:
Generally speaking, if the injury or loss was caused by a government employee who was acting in line with his or her duties, the injured person can seek compensation for the injuries or harm caused. (Learn more about Negligence and Fault for an Accident.) But you will generally not be able to seek compensation if your injuries resulted from, among other causes:
Keep in mind that this is not an exhaustive list of exclusions from government liability in Minnesota, only the highlights. For the full list, check out Minnesota Statutes section 3.736(3).
In order to file a claim against a state, local or municipal government entity in Minnesota, the injured person must first give notice of the claim -- usually to the state's attorney general and also to any employee whose negligence is alleged -- within 180 days of the date of injury. Notice should be given in writing and should state all relevant facts and allegations related to the loss, including:
Typically, the government will review the notice of claim and decide whether or not to pay it.
If the claim is rejected, the state's standard statutes of limitations for filing lawsuits apply. So, the claimant has 6 years from the date of injury to file a lawsuit in court if it is a personal injury claim, 4 years for a Minnesota medical malpractice claim, and 3 years for a Minnesota wrongful death claim.
Damages in injury claims against the government in Minnesota are limited in ways that damages in other types of personal injury cases are not. For claims that arise after July 1, 2009, the total damages award is capped, or limited, to $1,500,000. If the claim involves an outdoor recreational activity run by a nonprofit, but funded by the state or subject to a permit issued by the state, damages are limited to $1,000,000. Learn more about Damages: How Much is an Injury Claim Worth?
]]>Injury claims against the government in Kansas follow special rules that don’t apply to other types of injury cases. In this article, we take a look at these rules and how these claims proceed.
The Kansas Tort Claims Act appears at Kansas Statutes Chapter 75, Article 61. Section 75-6103 specifies that "each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission" of its employees whenever the employees are acting within the scope of their jobs.
The Kansas Tort Claims Act applies only to situations in which the employee would have been liable for negligence if he or she had been acting independently. Learn more about Negligence and Fault for an Accident.
The Kansas Tort Claims Act covers many of the same types of claims that can be filed in an ordinary personal injury case. Some of the most common kinds of incidents giving rise to claims include:
Section 75-6104 of the Kansas Tort Clams Act limits the types of claims that may be filed. For example, a government entity or employee may not be held liable for:
Several other types of claims are also prohibited by the Kansas Tort Claims Act. In addition, certain other Kansas statutes provide immunity to government agencies, officials, and employees in particular situations. The Kansas Tort Claims Act may not be used to sue the government when another statute specifically provides immunity.
To bring an injury claim against the State of Kansas, you first need to give the state notice of the claim. The Joint Committee on Special Claims Against the State offers a claim form and instructions on the legislature’s Web site. The form requires contact information for the injured person, a description of the event and the injuries or damage that occurred, and a statement of the amount of damages the injured person is claiming.
Claims are generally processed between June and December, according to the Joint Committee on Special Claims. If a claim is received after November 1st of any year, it is typically held for the next session.
Claims under $1,000 may be paid directly by the state agency involved. Most state agencies, including state universities, have specific forms and instructions for filing these claims. For example, the Kansas Department of Transportation makes a claim form available on its Web site.
Damages in claims against the state government in Kansas are “capped,” or limited, to $500,000 per accident. In addition, punitive damages may not be awarded by the court in claims against the state government. Learn more about Damages and Personal Injury Claims.
The Kansas Tort Claims Act specifically states that local and municipal governments are bound by its rules, in addition to the state government. As a result, the process for filing a claim with a city or county government is very similar to the process for filing a claim with the state government.
Most cities and local governments offer claim forms that can be used to submit a claim. For example, the City of Topeka offers a claim form on its Web site.
]]>What do you do if you’re hit by a car driven by a government worker, or if you slip and fall in a government building? Filing an injury claim against the government may be an option, but you’ll need to understand the rules that apply to the particular jurisdiction, and to your situation. In this article, we'll discuss the process for filing an injury claim against the government (state or local) in Washington.
Injury claims against the state of Washington must be filed according to the rules laid out in Revised Code of Washington section 4.92.100, which allows claims against the state of Washington or its "officers, employees, or volunteers" for "damages arising out of tortious conduct."
While "tortious conduct" is a broad category, many common types of injury claims fall within it, such as:
Other types of claims may also be an option if injury or property damage occurs as a result of tortious conduct on the part of the government.
All claims brought against the state government in Washington must follow the rules laid out in section 4.92.100 of the RCW. The process begins when the injured person files written notice of the claim with the state government. The notice must be filed on the standard tort claim form provided by the state’s Department of Enterprise Services, Office of Risk Management.
The standard tort claim form requires several pieces of information, including:
The claim form must be filed with the government within the time limit (set by a law called a statute of limitations) for the type of claim. Different claims in Washington may have different time limits. For instance, actions for personal injury or property damage must be filed within three years, while actions for defamation must be filed within two years.
Once the claim form is filed, the injured person must wait 60 days before filing a lawsuit in court. During this time, the state reviews the claim and decides whether or not to approve it. If the state denies the claim, the injured person may choose to go to court.
Damages available in a claim against the state government in Washington are generally similar to those available in other types of injury-related claims, including compensation for medical bills, lost wages, property damage, and pain and suffering. Learn more about Personal Injury Damages.
RCW section 4.96.020 covers the process for injury claims against local governments in Washington. Generally speaking, a claim for injury or property damage that could be brought against the state government, or against a state official or employee, can also be brought against the local government, or a local official or employee.
Each local and municipal government has rules for filing notice of the claim, and many of these municipalities provide written claim forms similar to those used by the state. The City of Seattle, for instance, offers both a claim form and instructions for its use on the city’s Web site. Some local governments, including the City of Seattle, will also accept the state’s tort claim form.
Just as with claims against the state, a claim against a local government in Washington must be filed before the statute of limitations on the claim expires.
]]>Filing a claim against the government can be a complicated undertaking in any jurisdiction, and to do it successfully in Wisconsin, you’ll need to follow specific rules laid out in the state's code. Those rules also vary depending on whether your claim is against the state government or a local municipality. Read on for the details.
Injury claims brought against the state in Wisconsin must follow the rules laid out in Wisconsin Statutes section 893.82. Generally speaking, tort (injury) claims against the state government in Wisconsin are not permitted unless they fall into specific exceptions created by the state legislature. They must also follow special notice rules that do not apply to tort claims against private parties.
(Note: The immunity granted to the state government in the Wisconsin Statutes is also known as "sovereign immunity," a centuries-old concept. Today, all states still acknowledge the old rule of sovereign immunity, but they have also conditionally waived it or created exceptions in their laws so that individuals can seek compensation for injuries in certain situations.)
Section 893.82 of the Wisconsin Statutes says that "no civil action or civil proceeding" may be brought against the state government, its employees, or any non-profit that operates a historical museum under a lease with the state, unless certain conditions are met.
To bring a claim:
Any injury or tort claim against the state government in Wisconsin must begin with the injured person filing a written notice of the claim with the attorney general within 120 days of the date of injury. The Wisconsin Department of Justice provides a claim form on its Web site that may help you organize your information and file your notice.
The written notice must include:
Once notice is filed, the government will decide whether to pay the claim or to deny it. If the claim is denied, the injured person has three years to file the claim in court. If the claim is not filed within this time, it cannot be heard in court.
One exception exists to the notice requirement: medical malpractice claims. In a medical malpractice claim against the state government, the injured person has three years from the date of the injury or one year from the date the injury was discovered (but no more than five years from the date of injury).
In all claims against the state government in Wisconsin, damages are "capped," or limited, to $250,000 "for any damages, injuries, or death in any civil action or civil proceeding" against a state officer, agent, or employee (or against a non-profit operating a museum under a lease with the state). In addition, punitive damages may not be awarded in claims against the state government in Wisconsin. Learn more about Personal Injury Damages.
Injury claims against local or municipal governments in Wisconsin follow rules that are similar to those for claims against the state. Generally speaking, local units of government have immunity from claims for intentional or discretionary acts, but not for negligent acts.
Like claims against the state government, claims against a local government must begin with filing written notice with the local government within 120 days of the date the injury occurred. Several municipalities, including the City of Milwaukee, make written claim forms available on their Web sites or in government offices.
Damages in a claim against a local government may not exceed $50,000, or $25,000 if the action is against a volunteer fire company.
]]>In that situation, you will need to follow specific rules that govern tort claims against government employees and government entities in Mew Mexico. This article touches on some key points of those rules, including the kinds of incidents that can give rise to a claim, time limits for getting the claim filed, limits on damages, and more.
The New Mexico Tort Claims Act is codified at New Mexico Statutes section 41-4. The Act states that, generally speaking, both government entities and government employees "are granted immunity from liability for any tort." (Note: "Tort" is just another word for "personal injury".) However, certain exceptions do exist, which leads us to the next question.
The New Mexico Tort Claims Act starts with the assumption that government entities and government employees cannot be held liable if they cause harm to a private person or company. However, several exceptions exist. It is possible to seek compensation from the government in New Mexico if your injury resulted from:
Because exceptions exist for every item on this list (there are exceptions to the exceptions, in other words), it is important to double-check New Mexico’s statutes and to speak to a lawyer before you pursue an injury-related claim against the government.
Claims against the state government in New Mexico must be filed within two years of the date of injury. If the injured person was less than seven years old when he or she was injured, however, that person has until his or her ninth birthday (two years after reaching age 7) to file a claim. If the claim is not filed within two years, it cannot be heard in court.
Damages in a claim against the government in New Mexico are also limited. Under the Tort Claims Act, the most the government can be required to pay includes:
In addition, the government cannot be required to pay more than $750,000 to any one person for damages in any one claim. In other words, even if your losses totaled $200,000 for property damage, $300,000 in medical bills, and $400,000 in other losses (such as lost wages or pain and suffering), your total damages award would be limited to $750,000, not $900,000. Injured persons are also prohibited from seeking punitive damages in claims against the New Mexico government. Learn more about Damages in an Injury Case.
In addition to bringing claims against the state government, injured persons can bring claims against local or municipal government bodies in New Mexico. These claims begin by giving notice to the local government body, which must be presented within 90 days of the date of injury or property damage. Notice, according to Section 41-4-16 of the New Mexico Statutes, must include a written description of the time and place of the injury or loss, as well as a description of what happened.
Once notice is filed, the government will decide whether to pay the claim or to deny it. If the claim is denied, the injured person has two years from the date of injury to file a lawsuit in court.
]]>Claims for "torts" (which is just a fancy name for "injury") against the government in Indiana are covered by the state’s Tort Claims Against Governmental Entities and Public Employees Act, which can be found starting at Indiana Code section 34-13-3. This Act states that governmental entities (like a department or agency) and government employees who are acting within the scope of their duties can be held liable for injuries they cause to others, but only in specific situations. In other words, the Act carves out a few exceptions to the longstanding concept of "sovereign immunity," which entitles state governments to legal protection from liability in many instances.
Indiana Code section 34-13-3-3 lays out an extensive list of situations that the state's tort claims act does not cover. In other words, an injured person cannot hold the government (or its employees) accountable if their injury resulted from, among other causes:
These are just the highlights, not an exhaustive list. So what does Indiana’s tort claims act cover? Here are some of the most common types of claims that can be brought against a government entity in Indiana:
A claim against the government in Indiana begins when the form for Notice of Tort Claim for Property Damage and/or Personal Injury is filed with the state attorney general’s office and, if applicable, with the local or municipal government responsible for the injury. The form must be filed within 270 days if the claim involves the state government. (The State of Indiana provides claim filing forms on its official website.)
Damages under Indiana’s tort claims act are limited. For injuries or deaths that occur after January 1, 2008, damages are capped at $700,000, according to Indiana Code section 34-13-3-4(1)(C). Also, an injured person may not seek punitive damages in a claim against the government in Indiana. Learn more about Damages in an Injury Case.
Indiana Code section 34-13-3-8 covers claims against local, county, and other municipal governments in Indiana. The law specifies that in order to bring such a claim, the injured person must file notice with both the government body being sued and the Indiana political subdivision risk management commission. The notice must be filed within 180 days of the injury, or the claim will be rejected.
]]>Filing an injury claim against the government is different from making an ordinary personal injury claim, and it can be an uphill battle. To succeed, you’ll need to know the special rules that apply to claims made against state or local governments in North Carolina -- including the rules laid down by the North Carolina Tort Claims Act. In this article, we'll provide some details on these rules.
The North Carolina Tort Claims Act (NCTCA) begins at Section 143-291 of the North Carolina statutes. Here, the state "waives" its sovereign immunity, allowing itself to be sued if a state officer, employee, or agent negligently causes harm while acting within the scope of their duties. The NCTCA applies in any case where the state could be sued if it were a private entity.
North Carolina has waived its civil immunity for a number of types of claims: contract claims, claims that the state violated the North Carolina state constitution, or claims governed by federal law. It also waives the state’s immunity against tort claims based on negligence. (Get the basics on Negligence and Fault for an Accident.)
Section 143-291(a) of the North Carolina Tort Claims Act specifies that if a government officer, employee, or agent is acting "within the scope of their duties" and negligently causes harm, the person who was injured may bring a claim against the government. Types of claims commonly filed under this rule include:
The North Carolina Tort Claims Act does not cover cases in which a government employee intentionally caused harm to someone else. For instance, if a government employee deliberately trips you as you walk past, causing you to fall and injure yourself, you cannot bring a claim against the agency for which that person works. You may, however, be able to bring an intentional tort claim against that person as a private individual for the harm they have caused.
Claims against local or municipal governments in North Carolina, including county and city boards of education, are also governed by the North Carolina Tort Claims Act. For instance, Section 143-300.1 governs claims involving school buses and transportation service vehicles.
Most cities and local governments in North Carolina provide information on their websites and at their offices about how to file a claim against the local government. For instance, the City of Raleigh provides a claim form and instructions on its website.
A claim against the state government, or against a local or municipal government, must be filed within three years if it involves injury or property damage. For wrongful death claims, the claim must be filed within two years.
All claims under the North Carolina Tort Claims Act -- against both state and local governments -- must be filed with the state Industrial Commission. If a claim is between two private parties and it involves the state, however, a state or local government can be added as a third party in a superior or district court.
North Carolina's laws for standard personal injury cases apply to claims filed against the government as well. For instance, North Carolina follows the rule of "contributory negligence," which says that if an injured person is partly at fault for his or her injuries, that person will not be able to recover any damages from any other at-fault party. Learn more about North Carolina's Contributory Negligence Rule (in the context of a slip and fall case).
Damages that are available in a claim against a North Carolina government entity are often similar to those that can be recovered in other types of personal injury cases. For instance, compensation for medical bills, lost wages, damaged property, and "pain and suffering" are frequently available. However, the total award for non-economic damages (which includes "pain and suffering") is capped at $1 million under the NCTCA.
]]>Filing an injury claim against the government can be an uphill battle in Oregon -- and even if your claim is successful, your compensation may be limited. But if you are injured in a slip and fall accident in a state building, hit by a negligent driver of a government vehicle, or harmed in some other way by a government employee or agency in Oregon, here's what you need to know.
The Oregon Tort Claims Act can be found in Oregon Revised Statutes sections 30.260 through 30.300. Section 30.265 says that "every public body is subject to civil action for its torts and those of its officers, employees and agents acting within the scope of their employment or duties" -- with certain limitations.
In this way, the Tort Claims Act works as a partial waiver of sovereign immunity, which is a legal doctrine that makes the state immune from civil liability for harm caused by the government's negligence or misconduct.
The Oregon Tort Claims Act also specifies that it offers the sole remedy for harms committed by government employees or agents of the state. Other types of legal actions are not permitted.
Although Section 30.265 of the Oregon Tort Claims Act states that "every public body is subject to civil action," other sections of the Tort Claims Act limit the types of lawsuits that may be filed and the circumstances in which they can be brought.
Generally speaking, claims that can be filed under the Tort Claims Act include:
Watch out! Even though these categories of claims are generally covered, they are not covered if certain other factors exist. For example, claims are not covered if workers’ compensation insurance applies to your injuries. For example, suppose that you work as a delivery driver. While driving your route, you are hit by a government vehicle that runs a red light. Because your injuries happened while you are on the job, workers’ compensation will probably apply -- and you will not be able to make a claim under the OTCA.
It also helps to remember that these rules only apply when injuries are caused by negligence. If a government employee or agency causes injury due to malfeasance in office or willful, wanton neglect of their duties (ORS 30.285(2)), these rules do not apply.
The Oregon Tort Claims Act governs all cases filed against a unit of government in Oregon, at both the state and the local levels. However, claims against local or municipal governments must be filed with those governments directly.
For example, the City of Portland offers detailed instructions on its website for understanding and filing claims against the city. Claims must be filed within 180 days of the accident. The city provides both a general liability claim form and a claim form dealing specifically with auto accidents.
Notice of the claim must be filed within very specific time limits. Claims for personal injury, property loss, or other damages must be filed within 180 days. A claim involving a wrongful death must be filed within one year.
Injured or legally-incapacitated persons have some leeway. The Tort Claims Act provides an additional 90 daysimmediately following the injury, in which a person might be too injured, or not have the legal capacity (for instance, because they are a minor), to file their claim.
Damages available in a claim under the Oregon Tort Claims Act are also limited. The amount of damages available changes on July 1 of each year and is published by the Office of the State Court Administrator (OSCA). As of 2016, damages in injury or death claims against the state government were capped at $2,073,600 for a single injured person and $4,147,100 for multiple people injured in the same accident. Caps on claims against local governments, or claims only involving damaged property, are lower.
The amount of damages available depends on the date the injury or accident occurred, not the date on which the claim is filed. For instance, suppose that a person is injured in a car accident caused by a government driver on June 24, 2016, but they do not file their claim until July 7, 2016. The damage caps that apply are those that were in effect on June 24, not on July 7 (when they are likely to be slightly higher). Learn more about Damages in a Personal Injury Case.
]]>Yes, probably so. Pennsylvania law allows the state and its local governments to be held accountable for some of the personal injuries they cause, just like private individuals or businesses. To bring a claim, you’ll need to follow extra steps and meet special deadlines. If you don’t, chances are you lose your right to recover. We’ll cover the basics of bringing a personal injury claim against Pennsylvania and its local governments.
When the American colonies were formed, they inherited many of their legal rules from England. One of those rules was called “sovereign immunity.” Under English law, the king or queen, as sovereign and lawmaker, could do no wrong. They were immune from legal responsibility for what would otherwise be wrongful acts.
Government immunity today. Today, our governments—federal, state, and local—enjoy similar immunities. Sovereign immunity shields the federal and state governments. Local governments like counties, townships, and cities are immune under a similar rule called “governmental immunity.”
Governments have partially waived their immunity. So what does this immunity mean for your personal injury claim? It means that as a general rule, the government isn’t legally responsible for injuries and damages it causes unless it consents to be held liable by “waiving,” or giving up, its immunity.
The federal government has partially waived its immunity in a law called the Federal Tort Claims Act. The states have all passed similar laws, partially waiving immunity for themselves and their local governments.
But if you want to bring a personal injury against the government, you must follow the rules the government has laid down. Typically, these rules:
Pennsylvania has created two laws partially waiving immunity and giving consent to be sued. The Pennsylvania Sovereign Immunity Act applies to the state itself. A second law called the Political Subdivision Tort Claims Act applies to Pennsylvania local governments.
Pennsylvania partially waives its sovereign immunity and consents to be sued—but only in certain kinds of cases—in the Pennsylvania Sovereign Immunity Act. You’ll find this law at 42 Pa. Cons. Stat. §§ 8501-8528 (2023).
Under 42 Pa. Cons. Stat. § 8522(a) (2023), Pennsylvania has waived immunity only for injuries and damages caused by the state’s negligence (carelessness). The state hasn’t agreed to be responsible for claims based on intentional torts—deliberate misconduct that causes harm.
In other words, if you’re hurt by the state’s careless action, you might be able to bring a claim for damages. But if a state worker does something intentionally that causes you harm, your options will be more limited.
Pennsylvania hasn’t agreed to answer for all negligent harms. The kinds of claims it allows are listed in 42 Pa. Cons. Stat. § 8522(b) (2023). Here are some of the most common.
In a personal injury claim against Pennsylvania under the Sovereign Immunity Act, damages are capped at $250,000 per person and $1,000,000 per incident. You can recover damages for your:
(42 Pa. Cons. Stat. § 8528 (2023).)
In the Political Subdivision Tort Claims Act, found at 42 Pa. Cons. Stat. §§ 8541-8564 (2023), Pennsylvania has waived governmental immunity and consented to suit on behalf of its political subdivisions. The substance of the Tort Claims Act is similar to the Pennsylvania Sovereign Immunity Act.
Pennsylvania local governments, like the state itself, are on the hook for negligent acts by the government or by government employees acting within the scope of their duties. Pennsylvania law doesn’t waive local governmental immunity for intentional harms. (42 Pa. Cons. Stat. § 8542(a) (2023).)
For the most part, the Tort Claims Act allows the same kinds of claims against local governments as are allowed against the state. (See 42 Pa. Cons. Stat. § 8542(b) (2023).) Here are some of the most common.
Here are the kinds of damages you can collect in a claim under the Tort Claims Act:
Damages for all personal injury claims resulting from a single occurrence can’t exceed $500,000.
(42 Pa. Cons. Stat. § 8553 (2023).)
Before you can sue Pennsylvania or a local government, you first have to give the government written notice of your claim. You must send the notice, within six months from the date of your injury, to the responsible government agency. If your claim is against Pennsylvania, a copy of the notice also must be delivered to the Pennsylvania Attorney General.
The notice must include:
If you don’t file the required notice, then any lawsuit you try to file more than six months after the date of injury must be dismissed.
(42 Pa. Cons. Stat. § 5522 (2023).)
Filing this notice is a prerequisite to filing a lawsuit in court, but it isn’t the same as filing a lawsuit. If you want to sue the government for your personal injuries, you must file your case within the personal injury statute of limitations. The filing deadline is two years, usually from the date of your injury. (42 Pa. Cons. Stat. § 5524(2) (2023).)
Suing the government isn’t a simple matter, even if your claim seems simple. In addition to the immunities we’ve described here, there are other immunities and defenses that the government and its employees can—and likely will—raise. You can bet that the government will be represented by experienced lawyers who know their way around personal injury claims.
As a rule, you only get one chance to make your case for compensation. Make it a fair fight by hiring experienced legal counsel to represent you. Here’s how you can find a lawyer who’s right for you and your claim.
But what if you are injured through the fault of the government or one of its employees in Georgia? Let's say you were hit by a county vehicle or you tripped and fell on broken linoleum in your local Georgia Department of Driver Services building, for example. In those situations, the Georgia Tort Claims Act -- or a similar law at the municipal level -- will likely govern any injury claim you decide to make. Let's take a closer look at how claims like these typically work.
Section 50-21-23 of the Official Code of Georgia Annotated (OCGA) says that the state waives its sovereign immunity "for the torts of state officers and employees while acting within the scope of their official duties or employment," as long as the tort (the harmful act) in question is not included in the list of exceptions laid out in section 50-21-24.
This law declares that the state is not liable for losses that result from any of the following situations:
If the tort falls under one of the exceptions in Section 50-21-24, or if it occurred when the state officer or employee wasnot “acting within the scope of their official duties or employment,” the injured person may not bring a claim under the Georgia Tort Claims Act. However, as to that last category, the injured person may be able to bring a claim against the state officer or employee as a private individual.
Since the list of things the Georgia Tort Claims Act prohibits injured people from suing for is quite long (and full of legal jargon), what can form the basis of an injured person's claim under the Act?
The list in Section 50-21-24 leaves open a wide range of potential personal injury cases. For instance, claims arising from car accidents and slip and fall incidents are allowed under the GTCA. A person who is injured by a government employee who is driving as part of his or her job, for instance, could bring a claim for damages. Similarly, a person injured in a state-owned building due to a dangerous property condition could make a claim.
When trying to figure out if a claim can be brought under the Georgia Tort Claims Act, it is important to remember that (a) the government officer or employee must have been acting within the scope of their duties, and (b) the claim must be one in which losses can be compensated with money damages. (Learn more about Damages in a Personal Injury Case.) Also, before the claim can be filed, you must provide written notice to the government office in question regarding what happened, including:
Special rules and time limits apply to filing a claim against a municipal or local government in Georgia cities and counties. For instance, the City of Atlanta requires a person filing a claim against the city to do so on a form provided on the City of Atlanta website. The claim must be filed within six months, and the city council and mayor must approve the claim before the city will pay it. If the city refuses to pay the claim, the injured person may file a lawsuit in court.
In Savannah, claim forms can be picked up from the Office of the Clerk of Council. Instructions are available on the City of Savannah website. There is no fee to file a claim against the city in Savannah.
For claims against the state of Georgia, written notice must be given within 12 months of the date of injury or loss. Notice can be mailed or delivered in person to the Risk Management Division of the Department of Administrative Services. The case can be filed in court only after the Department of Administrative Services has denied the claim, or if more than 90 days pass without the Department taking any action after the claim is filed.
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The New Jersey Tort Claims Act can be found at Title 59 of the New Jersey Statutes. Generally speaking, the act preserves the common-law rule of “sovereign immunity,” which prevents individuals or companies from bringing claims against the government. However, Section 59:2-2 creates specific exceptions to this rule. The exceptions allow people who are injured by the negligence of a public entity to bring a claim against the government in some cases.
Section 59:2-2 states that public entities are liable for injuries an employee causes "within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances." In other words, if you could bring the claim against the person who injured you were they a private citizen, you can bring the claim against the public entity.
Here are some examples of situations in which this rule might apply:
However, bear in mind that the New Jersey Tort Claims Act limits damages in a few key ways. For instance, Section 59:9-2(e) says that if you have insurance that covers your injury, the amount you receive (or could receive) from your insurer is deducted from any damages award you receive from the state.
Likewise, in order to receive pain and suffering damages as part of your claim, you must meet the requirements of Section 59:9-2, which says that pain and suffering damages will not be awarded unless "permanent loss of a bodily function, permanent disfigurement or dismemberment" have occurred and "medical treatment expenses are in excess of $3,600." If your case does not meet this requirement, you can still seek damages for losses like medical expenses and property damage, but you will be barred from seeking damages for pain and suffering.
Section 59:8-4 of the New Jersey Tort Claims Act says that a claim must include:
The State of New Jersey provides claim forms on its website. The first step to filing a claim is to fill out one of these claim forms and submit it to the Tort and Contract Unit, Bureau of Risk Management, New Jersey Department of the Treasury. The address is provided on the form.
Likewise, many local and municipal governments in New Jersey also provide forms and instructions for filing claims against the government. For example, the City of Newark provides a claim form on its website.
The time limit for filing a claim against the state government in New Jersey is only 90 days from the date of the accident. If you do not file a claim form within this time, you lose your right to have the claim considered by the state. Once the form is filed, the state may take up to 90 days to accept or reject it.
In some cases, a court may agree to extend the time to file a claim for up to one year. However, this decision is made on a case-by-case basis.
]]>But if you are hit by a government employee or you trip and fall in a government building, your claim will be subject to a different set of rules. The Illinois Court of Claims Act governs claims filed against the state government in Illinois, and in this article we'll look at the rules and requirements of bringing a claim under this law.
The Court of Claims Act can be found in Illinois Compiled Statutes Chapter 705 section 505. The Act both creates the Court of Claims and dictates the types of cases that the Court of Claims will hear. These include a wide range of cases against the state, including cases for breach of contract, for unjustly-served time in state prisons, for review of administrative decisions, and claims of personal injury or similar civil wrongs.
The Illinois Court of Claims Act (and the Illinois law that applies to local governments, the Local Governmental and Governmental Employees Tort Immunity Act) limits the state's application of the rule of sovereign immunity. “Sovereign immunity” dates back centuries to Great Britain, where the rule prevented individuals from suing the kingdom.
In Illinois, an injured person can bring a claim against the state if he or she is injured by a state employee or agency, as long as the same claim would be available if it were brought against a private individual or company.
What does this mean? For example:
Learn more about Negligence and Fault for an Accident.
The Court of Claims Act covers not only acts filed against the state government, but also acts filed against a wide range of state agencies, commissions, departments, and public universities. For instance, if you were injured on property belonging to the University of Illinois, you would begin your claim by filing notice with the Attorney General and the Clerk of Court of Claims, not by filing the lawsuit in a regular district or circuit court. (See below for the time limits on filing these and other claims against the government in Illinois.)
Illinois has a separate law for injury claims against municipalities, the Local Governmental and Governmental Employees Tort Immunity Act, which can be found at ILCS Chapter 745 Section 10. The stated purpose of this law is "to protect local public entities and public employees from liability arising from the operation of government." To this end, the Act strictly limits the types of claims that can be brought against local governments.
Specifically, a claim against a local government usually must be based on "willful and wanton" misconduct. A claim for simple negligence or carelessness will not be accepted. The Act applies to local and municipal governments, school districts, and many other types of local government entities.
A person seeking to file a claim against the state government must take one of two steps. The first option is to file notice of the claim with the Attorney General and the Clerk of the Court of Claims within one year of the date of injury. This written notice must list the name and home address of the injured person, the date and time of the accident, the place where it occurred, a brief description of the accident, and the name and address of the claimant's attending physician.
The second option is to file a lawsuit with the Court of Claims within one year of the date the accident occurred. If the claim is filed within one year, notice is not necessary. However, all claims must be filed within two years of the date of the accident, even if notice is filed first.
For claims of “willful and wanton” misconduct against a local or municipal government or employee, the claim must be filed within one year, or within two years if the claim is based on medical negligence.
]]>Ohio Revised Code Chapter 2743 sets out the rules for bringing an injury claim (called an "award of reparations") after an accident in which the state or one of its employees might be liable.
First, section 2743.02 of the ORC waives the state’s immunity from liability and says that the state consents to be sued for negligence in court in the same ways that a private party could be sued.
However, the statute also limits the ways in which the government can be sued, so this “waiver” of immunity is not as broad as it looks. Section 2743.03(A)(3)(a) says that, in order to bring a lawsuit against the state, the injured person must have a “special relationship” to the government. (We’ll talk about what counts as a “special relationship” below.) It also says that the claim must be filed in the state's Court of Claims -- not in a county or municipal court (as you would with a standard personal injury claim).
State immunity is based on a very old rule: the rule of “sovereign immunity," which dates back to medieval England, when the law prevented people from suing the king for various acts or decisions -- even if those acts or decisions ended up harming individuals.
While the Ohio Court of Claims Act says that Ohio’s governments are immune from liability, it also declares that liability to be waived -- so that an injured person can hold the government liable -- if the injured person has a “special relationship” with the state.
So, what is a “special relationship”? According to Section 2743.03(A)(3)(b), a special relationship exists if all of the following things are true:
Ohio courts have determined that “state” includes not only the state government of Ohio, but all departments, boards, offices, commissions, agencies, and institutions that are run by the state. For instance, courts have allowed persons injured in police altercations to file suit against the state, on the theory that law enforcement is a state function and that, by intervening in the situation, the police had assumed an affirmative duty to avoid negligently injuring the persons involved. (Learn more about Negligence, the Duty of Care, and Fault for an Accident.)
The Ohio Court of Claims decides disputes over whether or not a “special relationship” exists. It is also the only court that handles cases in which the State of Ohio is a party. Appeals from the Ohio Court of Claims are heard by the Tenth District Court of Appeals in Columbus, the state’s capitol. However, if the matter is a civil case for $10,000 or less, or an appeal made by a crime victim, the decision of the Court of Claims is considered final.
In addition, injured persons may sue state hospitals in Ohio just as they would a hospital run by a private entity. They are not required to meet the four-part “special relationship” test in order to bring the lawsuit.
As we've discussed, claims involving the state are filed in the Ohio Court of Claims. But what if you are injured by a county or municipal government official, or while on county or municipal property?
Each locality in Ohio has its own rules for filing a claim against the government in charge. For example:
Generally speaking, you have two years from the date of injury to file a claim for negligence against the state government in Ohio. However, check carefully. If your injury claim would be subject to a shorter statutory time limit if it were brought as an ordinary civil lawsuit (under the relevant statute of limitations), that shorter time limit also applies to a case filed in the Court of Claims.
]]>In New York, injury claims against the government are covered by the New York Court of Claims Act. Article II, Section 8 of the Court of Claims Act says that the government "hereby waives its immunity from liability and action" and consents to be sued in court, under the same rules private individuals might use to sue one another.
What does this mean? In short, it means that injured persons may sue the state of New York for negligence, just as they would sue a private party. Section 8 waives the old rule of “sovereign immunity.” Under this rule, which dates back to medieval England, individuals could not sue the king for wrongs, even if they had suffered losses as a result of the king’s actions.
The New York Court of Claims Act allows the state to be sued in nearly any situation in which a private individual could be sued for negligence. Examples of claims that might be brought against the state, an agency, board, or commission might include:
Special rules apply for cases filed against members of the military, as well as for prisoners seeking relief from unjust imprisonment. All claims against the state of New York or any part of its government must be filed in the state’s Court of Claims.
For many years, injured persons could not bring claims against municipal governments in New York, even if they could have brought the same claim against the state government. Courts in New York especially frowned upon claims alleging that the municipal government should have prevented a fire or a crime that led to injury.
In 2011, the New York Court of Appeals ruled that individuals may sue municipal governments in New York only if they can prove that the municipality had a "special duty" to the injured person. To prove a "special duty," the injured person must show that any one of these three things occurred:
Many large metro areas in New York provide online instructions for filing claims against the local government. For example, check out Filing a Claim Against the City of New York, from the city's official site.
Generally speaking, any claim filed in the New York Court of Claims must be filed within certain time limits, or it cannot be heard. These time limits include:
If the claimant is under guardianship or another type of legal disability, the time limit for filing the claim is two years. Learn more about the New York State Court of Claims (NY.Gov).
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