If you’ve been injured due to the negligence of a government employee in Michigan, you may be wondering if you are eligible to file a personal injury claim against the government entity responsible. The answer is yes. Michigan law allows individuals to sue government entities for personal injury claims, but there are certain steps that must be taken.
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Understanding Sovereign Immunity
Before proceeding with a personal injury claim against a government entity in Michigan, it’s important to understand the concept of sovereign immunity. Sovereign immunity is a legal doctrine that shields the government and its agencies from civil liability. This means that individuals cannot file lawsuits against these entities unless the government has given them permission to do so.
For many years, Michigan had a very strict interpretation of sovereign immunity, making it difficult for individuals to sue the government. However, in 1964 the state passed the Governmental Tort Liability Act (GTLA), which expanded the government’s liability for certain types of negligence. This act allowed individuals to sue government entities for damages caused by the negligent acts of their employees.
Filing a Personal Injury Claim
If you’ve been injured due to the negligence of a government employee or agency in Michigan, you can file a personal injury claim against that entity. The process begins by filing a formal claim with the appropriate government entity within six months of the date of the incident.
The claim must be filed with the government entity responsible for the injury. For example, if you were injured on a state-owned highway, you would file your claim with the Michigan Department of Transportation. If you were injured at a public school, you would file your claim with the school district.
The claim must contain specific information, including:
- Your name, address, and phone number
- The date, time, and location of the incident
- A detailed description of how the incident occurred
- A statement of the damages you have suffered
- The name(s) of any government employee responsible for the incident
It’s important to note that filing a claim does not guarantee compensation. The government entity may choose to deny your claim, in which case you will need to pursue legal action by filing a lawsuit.
Lawsuit Against a Government Entity
If your claim is denied, or if the government entity fails to respond within 90 days, you may file a lawsuit against the entity. However, there are some differences between personal injury lawsuits against government entities and lawsuits against private individuals or businesses.
For example, there are different rules for statutes of limitations. In Michigan, individuals have three years from the date of the incident to file a lawsuit against a private individual or business. However, for government entities, individuals only have two years to file a lawsuit.
Additionally, there are limits on the amount of damages that can be awarded in lawsuits against government entities. Under the GTLA, individuals can only recover up to $1 million in damages in personal injury lawsuits against state government entities, while the limit is $250,000 for local government entities.
Seek Legal Counsel
If you have been injured due to the negligence of a government employee or agency in Michigan, it is important to seek legal counsel. An experienced personal injury attorney can help you navigate the complex process of filing a claim against a government entity, and can help you determine the best course of action if your claim is denied.
Overall, while the process of filing a personal injury claim against a government entity in Michigan may be more complex than filing a claim against a private individual or business, it is still possible to recover compensation for damages suffered due to government negligence.