Personal injury lawsuits against businesses or products are common, but are lawsuits are also filed against state or local governments. Entities such as a city or town may be liable for certain accidents and injuries. However, in these cases, the rules and deadlines for filing such claims differ from most personal injury lawsuits.
With state and local government claims, the window for filing your claim is short, often within 30 days of injury. Additionally, restrictions often limit filings to one per person per entity. The laws vary widely across locales, so it pays to do your research to know all limitations and restrictions.
In contrast to most other lawsuits, claims against the government must include a “Notice of Claim” to each entity or person causing injury. Failure to follow claim guidelines results in the dismissal of your case. The “Notice of Claim” requirements also vary widely across states, so it is essential to know the requirements and follow all rules and deadlines.
In many cases, the government may be immune from injury claims. This immunity, typically referred to as “Sovereign Immunity,” varies widely, but can be as broad as immunity from claims related to the operation of a motor vehicle or negligence related to health and safety inspections. Additionally, most states reject any punitive damages such as are often awarded in personal injury cases to punish and deter future misconduct. Punitive damages do not dissuade entities and, therefore, such awards are not made in lawsuits against cities, states, and other municipalities.
If you find yourself in a legal situation that leads to a suit against a government entity for personal injury, be sure you do your due diligence. You need to follow all local laws, many of which are quite rigid. Additionally, know that there are often limitations of when and how much compensation you recover.
Source: All Law