Can I Sue the State Government for Injuries?

When you're harmed by the carelessness or negligence of a private individual or business, you always have the option of filing a personal injury lawsuit in your state's civil court system. But what if you're in a traffic accident with a city bus, or you trip over broken floor tile at the DMV? How can you get compensation if the city or state (or a government employee) is responsible for your injuries?

The specific answer depends on the law of the state that you're in, but if you want to get compensation for harm you think was caused by your state or local government, here are some key points to keep in mind.

Find Out Which Government Branch or Agency Is Responsible for Your Accident

Even if you think the answer is obvious, you should find out for sure which branch of the government or which agency might be legally responsible for the specific circumstances that caused your injury.

For example, let's say you're leaving the downtown train station and you slip and fall as you exit the building. You fell because the pavement was poorly maintained and was left dangerously cracked and uneven, and now you want to pursue a negligence claim.

Cities are generally responsible for the safety of public sidewalks. But if you fell on the train station's property, you might need to seek compensation from the local public transit agency, or from the state department of transportation.

You may need to speak with employees on site and follow up by phone or email to be sure that you pursue a claim against the correct agency. An attorney may also have helpful advice if you're having trouble finding the information you need.

Follow Your State's Procedures for Making Injury Claims Against the Government

Every state follows some version of a legal doctrine called sovereign immunity. This basically means that in order to try to hold the government liable for any injury or other loss, you need that same government's permission. This might seem like an odd concept, but every state has given that kind of permission in one form or another, usually by:

• identifying situations where the government can and can't be held liable if a government agency or employee's decision or action causes harm, and
• setting out a procedure for making an injury claim against the government.

In some states you can file an administrative claim and then, if necessary, a lawsuit. Most states use a two-step system where you start by filing a claim directly with the government. The government will evaluate your claim and decide how much compensation, if any, it thinks you should receive. Once you get a final decision through this process—or in some states, if you don't receive any kind of response at all after a certain amount of time has passed—you can take your case to court if you don't think you got a fair result.

In other states the entire process is handled outside of the court system. Some states, like Kentucky and Arkansas, either completely bar negligence lawsuits against the government, or only allow them in very narrow circumstances. That means you can't go to court at all. Instead, you'd present your case to a government panel called a claims commission or board of claims. That panel evaluates the evidence and makes a final decision about what compensation—if any—to award you.

Pay Attention to Government Injury Claim Notice Requirements and Deadlines

The administrative process begins when you file paperwork notifying the government of your claim. Where you submit your claim will depend on the state you're in and which agency or entity was responsible for your losses (called "damages" in the language of the law).

Your initial claim must usually include details like:

• your name and address
• the date of the injury
• a description of how the injury occurred
• a statement that the governmental authority was negligent
• your allegation about how the government's negligence caused your injury
• a description of your injuries, and
• a description of your medical bills and other financial losses to date.

If you miss the government-imposed filing deadline, you risk losing your ability to pursue your claim. These deadlines are often tighter than you might think. In Texas, for example, you have six months from the date of your injury to file a claim against a state agency, but only 45 days to file a claim against the City of Austin.

If your state allows you to sue the government once the administrative process is over, there will also be a time limit for how long you can wait before filing your lawsuit. This deadline is set by a law called a "statute of limitations," and if you try to file your lawsuit after the deadline has passed, your case will almost certainly be dismissed.

The Government's Injury Liability Might Be Capped

Make sure you understand whether there's a law that puts a dollar limit on the amount of compensation you can receive in an injury claim against the government. Many states have such "caps" on the books. For example, in Florida:

• no claimant can receive more than $200,000 in a single claim or judgment against the government, and
• the government can't be made to pay more than $300,000 for all claims or judgments resulting from the same incident.

So, for example, if dozens of people are hurt in an accident involving a city bus in Miami, the total paid out in all claims over the crash can't exceed $300,000. These caps can be set aside in some situations, but that requires approval from the state legislature.

Learn How to Make an Injury Claim Against the Government in Your State

Now you that you understand the basics of how these kinds of claims work, you might want to dig a little deeper into the details of the law where you live. Get state-by-state information on making an injury claim against the government.

Do I Need a Lawyer for an Injury Claim Against the Government?

It depends on the specifics of your situation, and your comfort level. If your injuries were fairly minor and you feel confident you can handle the filing rules and requirements, you don't always need a lawyer's help with a claim against the government. But if your claim has already been denied, or if you'd just rather put things in the hands of an experienced professional right off the bat, hiring a lawyer could be your best strategy. Learn more about when you need a lawyer for a personal injury claim, and get tips on finding the right injury lawyer.