As a citizen of Idaho, you may wonder whether you can sue the government if you or a loved one is injured due to the negligence or wrongful act of a government employee or entity. The answer is yes, you can file a personal injury claim against the government in Idaho. However, it is crucial to understand the rules and procedures surrounding such actions.
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Sovereign Immunity
Every state in the United States has a doctrine called Sovereign Immunity, which immunizes the government from lawsuits. Sovereign Immunity shields the government from liability and protection from litigation unless the government consents to being sued.
In Idaho, Sovereign Immunity is codified in Idaho Code ยง 6-904, which states that the State government is immune from civil liability for tort damages. However, Idaho Law has exceptions that allow individuals to file a claim against the government for their injuries.
The Idaho Tort Claims Act (ITCA)
The Idaho Tort Claims Act (ITCA) is a state law that waives immunity for certain types of tort claims against the government. ITCA allows you or your loved one to sue the government for injuries resulting from certain acts or omissions by government employees in their official capacity.
Acts of Government Employees
If a government employee, acting within the scope of their employment, negligently or wrongfully injures you, or causes the death of your loved one, you have the right to file a personal injury claim under ITCA.
This includes injuries resulting from car accidents involving government employees, injuries that occur on government-owned premises, and many other circumstances. The claim must be filed within 180 days of the occurrence of the injury or wrongful act.
Exceptions to the Rule
Some Exceptions apply to the ITCA, such as:
- Claims arising under workers’ compensation law
- Claims for personal injury, death, or property damage caused by a publicly owned motor vehicle unless driven by an employee within the scope of their employment, or by armed security personnel
- Claims against elected officials
The Procedure of Filing a Personal Injury Claim Against the Government
Filing a claim against the government can be a complex legal process, including strict deadlines, investigations, and requirements. It is recommended to hire an experienced attorney who can guide you through the legal process.
Notice of Claim
To file a claim against the government in Idaho, you must file a Notice of Claim within 180 days of the wrongful act or the date an injury occurred to the victim. The notice must be in writing, including the following information:
- The name and address of the injured person
- The name and address of the person submitting the notice
- Information about the time, place, and circumstances of the injury or wrongful act
- A description of the injuries sustained
- A statement of the damages sought
Investigation
After you file the notice of claim, the government has a 90-day period to investigate your claim. During this period, the government will conduct an investigation, and their legal department will review your claim to determine if the government is liable.
Negotiation and Settlement
If the government finds itself responsible for your injuries, the parties will enter into negotiations, with the goal of reaching an agreeable settlement. If a settlement cannot be reached, you may file a lawsuit against the government.
Limitations of Filing a Personal Injury Claim Against The Government
Filing a personal injury claim against the government can be beneficial, but there are some limitations such as:
Caps on Damages
One of the limitations of suing the government is that the damages awarded are limited. Depending on the size of the government entity, each state has a cap on the amount of damages that can be awarded to a plaintiff.
Strict Deadlines
When it comes to filing a personal injury claim against the government, there are strict deadlines to adhere to. The 180-day limit to file your Notice of Claim is one of the most crucial deadlines.
Conclusion
Filing a personal injury claim against the government in Idaho can be a complex legal process. It is recommended to hire an experienced attorney who can guide you through the legal process. Because of the strict deadlines, it is essential to act quickly and file your claim within the 180-day time frame. If you or a loved one has suffered injury or harm as a result of an intentional or unintentional act of the government, you have the right to pursue compensation. Understanding the procedures and rules of filing a claim against the government can help you to achieve the compensation you deserve for your losses.