Personal Injury Attorneys face a unique set of challenges when it comes to suing a government agency. Unlike private individuals or corporations, government agencies are protected by sovereign immunity which shields them from most lawsuits. These protections extend to all levels of government, including federal, state and local entities.
Sovereign immunity is based on the old English principle that “the king can do no wrong.” In modern terms, this means that government agencies cannot be sued without their consent. While there are exceptions to this rule, they are limited and often difficult to navigate without the assistance of an experienced personal injury attorney.
One such exception is the Federal Tort Claims Act (FTCA), which allows individuals to sue federal agencies for injuries caused by their employees’ negligence while acting within the scope of their employment. However, even under FTCA there are numerous procedural hurdles and strict timelines that must be adhered to in order for a claimant to successfully sue a federal agency.
At the state level, most states have enacted laws similar to FTCA known as tort claims acts. These laws also allow for certain types of lawsuits against state agencies but again with many restrictions and limitations. For example, many states require notice of intent to sue within a short period after an injury has occurred – often as little as 30 days.
Furthermore, even if one overcomes these initial hurdles and successfully files suit against a government agency, damages awarded in such cases may be capped at relatively low amounts compared with those typically awarded in suits against private parties. This cap on damages is another way sovereign immunity protects governmental bodies from potentially crippling financial judgments.
Another challenge lies in proving negligence on part of the governmental body or its employees; given they often engage in complex activities involving public safety or policy decisions where courts are generally reluctant to second guess decision-making processes.
Given these challenges inherent in suing government entities for personal injuries it becomes clear why having an experienced personal injury attorney is crucially important. These attorneys understand the complexities and limitations of sovereign immunity, as well as the specific procedures that must be followed in order to successfully bring a suit against a government agency.
In conclusion, while it is possible to sue a government agency for personal injuries, it is far from straightforward. Sovereign immunity, procedural hurdles, caps on damages and difficulties in proving negligence all combine to make these types of lawsuits particularly challenging. Therefore, anyone considering such action should seek advice from an experienced personal injury attorney who can guide them through this complex legal landscape.
Munley Law Personal Injury Attorneys
609 Hamilton St, Allentown, PA 18101
16108577424
