Getting injured is a painful and frustrating situation for anyone. It can be even more challenging if the injury was caused by a government entity or employee in Texas, as you may be left wondering if you can hold them responsible for your suffering. While it may feel like suing a government entity or employee is impossible, there are avenues for personal injury claims in Texas.
Here’s what you need to know about making personal injury claims against government entities and employees in Texas.
Table of Contents
When Can You File A Personal Injury Claim Against A Government Entity Or Employee?
The first thing to consider is whether you are eligible to file a personal injury claim against a government entity or employee. There are certain cases where you have the right to file and scenarios where you cannot file a claim.
Governmental Immunity
Governmental immunity is a legal doctrine that protects government entities and employees from lawsuits. In some cases, the government can be immune to civil lawsuits unless specific conditions are met. For example, if the government entity was engaging in a discretionary activity, they may be immune.
However, governmental immunity is not applicable in all cases. Government entities can still be held liable for personal injury claims caused by their employees’ negligent or wrongful conduct.
Negligent Conduct
If you sustained an injury due to the negligent conduct of a government employee, then you may be able to file for compensation. Negligence refers to a failure to exercise the duty of care that one owes to another, causing injury or harm.
You must prove that the negligence of the government entity or employee caused your injury. This will require evidence that the action or inaction of the government employee was indeed the cause of your harm.
Intentional Conduct
You may file a lawsuit if you were the victim of intentional conduct by a government entity or employee. This might include assault and battery, false arrest, or other similar actions that intentionally cause harm to you.
What Are The Requirements To File A Claim?
There are certain requirements that must be met if you want to file a claim against a Texas government entity or employee.
Notice of Claim
Under the Texas Tort Claims Act (TTCA), you have to provide a written notice of claim within six months of the date your injury occurred. The notice of claim should contain detailed information about the incident and the injuries you sustained. Failing to do so will result in the dismissal of your case.
Statute of Limitations
Personal injury lawsuits have a statute of limitations, which means you have a specific time period in which to file your claim. In Texas, you have a maximum of two years from the date of the incident to file a lawsuit. Failure to file within this time period will render your claim invalid.
How Do You File A Claim Against A Government Entity Or Employee?
Filing a claim against a government entity or employee can be challenging, but there are certain guidelines that can help you with the process.
Hire An Experienced Lawyer
It’s always best to have an experienced personal injury lawyer to guide you through the process. They can help you gather evidence, draft necessary documents, and navigate the complex legal process involved with suing the government.
File A Notice of Claim
As mentioned earlier, you must file a notice of claim with the government entity involved in your case within six months of the incident. Your lawyer can help you draft a detailed notice of claim that will increase your chances of getting compensation.
Investigation
The government entity will typically carry out an investigation to determine your claims’ validity. However, your lawyer should conduct their own investigation to gather evidence that supports your claim, such as medical records, witness testimony, and police reports.
Settlement And Trial
Once the investigation is complete, the government may offer a settlement, which is usually less than what you asked for. If you reject the settlement offer, the case goes to trial. At this point, your experienced lawyer will represent you in court and fight for your rights to fair compensation.
Final Thoughts
If you have been injured due to the negligence or intentional conduct of a government entity or employee, you have the right to seek compensation. Although the process is not easy, with the help of an experienced lawyer, you can successfully file a personal injury claim against a government entity or employee in Texas.