Your Attorney vs. The Government: Filing A Claim

Filing a case for personal injury is not something that can only be done against an individual or a company. It can also be filed against the government, although there are some slight differences in how things are carried out. Some of the common reasons that an individual can use when filing a case against the government would include injury, loss of property, or even death “caused by the negligent or wrongful act or omission of any employee of the Government.”

Not all government personnel can be sued, however. For example, independent contractors hired by the government cannot be sued under the Federal Tort Claims Act. Aside from this, the negligent or wrongful act should be within the scope of the defendant’s work. Keep in mind that, while nothing bars you from filing a notification or lawsuit, the government is immune from certain injury claims. Some of these claims include those for injury received due to planning decisions as well as for discretionary decisions.

Statute of Limitations

Similar to claims against individuals and corporations, claims and lawsuit against the government for personal injury also has a statute of limitation, albeit shorter than the former. In Los Angeles, CA, as well as in Texas, for example, statute of limitations is at six months.

Filing a claim against the government also means that your attorney would first have to file a notice of claim. Now, this document would have to be filed as soon as possible regardless of whether there is a clear evidence that the government is at fault. Keep in mind that this notification is a prerequisite to filing lawsuit.

Upon receipt, the government typically has 45 days to send in their response. Depending on whether your notice gets denied or not, you might be looking at 6 months to two years by which you need to file the lawsuit.

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