Challenges of Suing the Government

Challenges of Suing the Government

Sep 03

It can be very difficult to determine who can be liable for damages following a car accident when the cause of the accident was poor road conditions. Because the person at-fault of the accident can be a government agency, there are certain considerations that should be looked into before filing a personal injury claim. According to the website of the Williams Kherkher, verifying the right agency plays a vital role in not only determining who is to be sued in the injury claim, but also to see whether the agency can be legally sued.

Generally, majority of government agencies fall under the “governmental immunity” or “sovereign immunity”, which means they can have immunity against lawsuits and they cannot be sued. However, most of these government agencies give exemptions and acknowledge any lawsuits that are filed against them through particular circumstances. It is important for the injured party (plaintiff) to prove that the negligence of the government agency in charge of the maintenance of the road was the main cause of the accident (or that they were very negligent in their action/inaction). Another exception is when a municipality has insurance that covers these types of lawsuits.

Although the precise circumstances for which a victim or a car accident can sue vary from state to state, the rules that are generally set by the state to each smaller agency within their jurisdiction usually do not differ. Statute of limitations is also something that should be minded, since this gives the plaintiff a limited amount of time to file case. If the plaintiff fails to file the case before the allotted deadline, the court has the right to dismiss the case. Before actually starting the lawsuit, the plaintiff has to inform the government agency of their intention to sue and explain the reason behind the lawsuit. If the plaintiff fails to do this before the designated statute of limitation, then the case will be dismissed by the court.

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