When you or a loved one sustain an injury due to the negligence or misconduct of a government agency in Kansas, you may be wondering if you can file a personal injury claim against them. Government agencies in Kansas enjoy certain protections from lawsuits that private entities do not possess, but that does not mean that filing a claim is impossible. This article will guide you through the process of filing a personal injury claim against a government agency in Kansas.
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Understanding Sovereign Immunity in Kansas
Sovereign immunity is a legal doctrine that protects the government from being held liable for damages caused by its employees in the performance of their duties. In Kansas, the doctrine of sovereign immunity was abolished in 1974, but it was partially revived in 1986. Under the Kansas Tort Claims Act (KTCA), the state of Kansas and its political subdivisions are still protected from certain types of lawsuits.
According to the KTCA, a government agency can be held liable for personal injury claims if the injuries were caused by the negligence of a government employee acting within the scope of their employment. The KTCA limits the amount of damages that can be awarded against a government agency to $500,000 per claimant and $1,000,000 per occurrence, regardless of the number of claimants.
Filing a Claim Under the Kansas Tort Claims Act
Before you file a lawsuit against a government agency in Kansas, you must first file a notice of claim with the agency. The notice of claim must be filed within 12 months of the date of the incident that caused your injuries. The notice of claim must include the following information:
- Your name and contact information
- The date and location of the incident
- A brief description of the incident and your injuries
- The amount of damages you are seeking
Once the notice of claim is filed, the government agency has 120 days to investigate the claim and either deny it or settle it. If the agency denies the claim or fails to respond within 120 days, you may file a lawsuit in court.
Finding an Attorney
If you are considering filing a personal injury claim against a government agency in Kansas, it is recommended that you hire an experienced personal injury attorney. An attorney can help you navigate the complex legal process and ensure that your rights are protected.
Conclusion
Filing a personal injury claim against a government agency in Kansas can be a challenging process, but it is not impossible. Understanding the KTCA and following the proper procedures can help you increase your chances of success. If you or a loved one has been injured due to the negligence or misconduct of a government agency in Kansas, it is important to consult with an experienced personal injury attorney to get the compensation you deserve.