April 16, 2025
Filing A Personal Injury Claim Against A Government Official
Getting injured is difficult enough—but when the responsible party is a government employee or agency, the situation becomes more complex. Whether it’s a car accident with a city vehicle, a slip and fall in a government building, or injuries caused by unsafe public property, the process for filing a claim against a government official is different from a typical personal injury case. A skilled personal injury lawyer can help you understand your rights, navigate strict legal procedures, and pursue the compensation you deserve. Our friends at The Eskesen Law Firm go into this sometimes complicated situation in this post. It is always crucial to consult with a lawyer if you are in an accident.
When A Government Official May Be Liable
Government officials, like any other individuals, can be held responsible if their actions cause injury due to negligence or misconduct. Common examples include:
- A government vehicle hitting your car because the driver ran a red light
- A postal worker causing injury while on duty
- A city inspector failing to notice a serious hazard, which later causes injury
- Unsafe conditions at a publicly owned facility, like a courthouse or DMV
- Poorly maintained sidewalks, roads, or traffic signals under municipal control
However, because these individuals act on behalf of public entities, filing a claim involves more steps and tighter deadlines. It is important to have a lawyer on your side. If something was publicly owned, like an accident with a government truck, you may be entitled to compensation.
Sovereign Immunity And Exceptions
Governments are generally protected by a legal concept known as sovereign immunity, which means you can’t sue the government unless they allow it. Fortunately, most state and federal governments have waived this immunity in specific cases—particularly when it comes to personal injury caused by employee negligence.
These laws vary by state and may apply differently depending on whether you’re suing a city, county, state, or federal agency. That’s why it’s crucial to consult with a personal injury lawyer who understands government liability.
Special Procedures And Deadlines
One of the biggest differences in claims involving government officials is the notice requirement. Before you can file a lawsuit, you often must submit a formal notice of your claim to the appropriate agency. This notice usually includes:
- A description of the accident and injury
- The date and location it occurred
- The names of any government employees involved
- The amount of compensation being sought
Each government body has its own rules for how and when to file. Some require notice within as little as 30 to 90 days of the incident. Missing the deadline could prevent you from filing a claim at all.
How Compensation Works
If your claim is approved, you may be eligible to recover damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Ongoing treatment or rehabilitation
That said, there are often limits (called “caps”) on how much compensation you can receive when suing a government entity. These caps vary by jurisdiction and can affect the value of your case.
How A Personal Injury Lawyer Can Help
Filing a personal injury claim against a government official isn’t something most people can easily do on their own. A personal injury lawyer can:
- Determine if your case qualifies under government liability rules
- Ensure your notice of claim is filed correctly and on time
- Handle negotiations with government attorneys or insurance adjusters
- Represent you in court if the case proceeds to trial
Having a lawyer also helps level the playing field, especially since government agencies often have strong legal teams defending their interests.
If you were injured in an accident involving a government employee or on public property, don’t wait to get legal guidance. A personal injury lawyer can help you take the right steps early on, avoid costly mistakes, and fight for the compensation you deserve.