A personal injury claim against a government agency or entity is a legal action filed by an individual who has suffered physical, emotional, or financial harm as a result of the negligent or wrongful conduct of a government agency or employee. In Minnesota, the process for filing a personal injury claim against a government agency is similar to filing a personal injury claim against a private individual or entity.

Understanding Sovereign Immunity

Before proceeding with a personal injury claim against a government agency, it is essential to understand the doctrine of sovereign immunity, which limits the liability of government agencies and entities in lawsuits.

Under Minnesota law, government entities are generally immune from liability for injuries resulting from the performance of governmental functions. However, there are exceptions to this rule. The state or local government may be held liable if it failed to maintain a roadway or intersection in a reasonably safe condition, resulting in an auto accident. Similarly, if a city sidewalk has not been adequately maintained, causing a pedestrian to slip and fall, the city may be held liable.

Statute of Limitations

The first step in filing a personal injury claim against a government agency is to ensure that the claim is filed within the correct statute of limitations. In Minnesota, the statute of limitations for filing a claim against a government agency is much shorter than filing against a private entity. The statute of limitations is usually six months from the date of the injury.

Once the statute of limitations has lapsed, an individual can no longer file a personal injury claim against a government agency. It is essential to work with a reputable personal injury attorney who is knowledgeable about the specific requirements and deadlines for filing a claim against a government entity in Minnesota.

Notice of Claim

Before filing a personal injury claim against a government agency, an individual must first provide a notice of claim to the agency. The notice of claim should include the following key elements:

• The name and address of the individual injured
• The date, location, and description of the incident
• The nature of the injury suffered by the individual
• The damages sustained by the individual, including medical bills and lost wages
• A demand for compensation for the damages suffered

The notice of claim should be sent to the agency within six months of the incident. Failure to provide a notice of claim within the required deadline may result in the dismissal of the claim.

Filing the Claim

After the notice of claim has been submitted to the government agency, the individual may proceed with filing the personal injury claim. The claim must be filed within six years from the date of the incident. The claim should include all relevant information such as:

• The name and address of the injured party
• The date, time, and location of the incident
• A description of the injuries sustained
• The names of any witnesses to the incident
• A demand for compensation for damages

The government agency will then review the claim and determine whether to accept or deny the claim.

Settlement or Litigation

If the government agency accepts the claim, the parties may work toward a settlement agreement to compensate the injured party for their damages. If a settlement cannot be reached, the injured party may decide to pursue a lawsuit against the government entity responsible for their injuries.

Conclusion

Filing a personal injury claim against a government agency can be a complex process, requiring expert legal guidance to ensure compliance with statutory requirements and deadlines. It is essential to work with a knowledgeable and experienced personal injury attorney who understands the nuances of filing these types of claims in Minnesota. With the right representation, an injured party may receive the compensation they deserve for their injuries.