If you have suffered injuries due to the negligence or fault of a government agency in Wisconsin, you may be entitled to a personal injury claim against the agency. However, the process of filing a personal injury claim against a government agency is different than that against private entities. In this article, we will discuss the specific aspects of filing a personal injury claim against a government agency in Wisconsin.
Table of Contents
Understanding Government Immunity
Under Wisconsin law, government agencies are generally afforded immunity, meaning that they cannot be sued for every instance of their actions, except in a few specific circumstances as defined by the State of Wisconsin. Therefore, the first step in filing a personal injury claim against a government agency is to understand the specific scenarios where the immunity can be waived.
There are a few legal theories that could be used to waive the government’s immunity in Wisconsin, including:
Intentional Tort: If the government is found to have intentionally caused harm to someone, a personal injury claim can be pursued. However, it is a complex task to prove intentionality in the court of law.
Negligence: If the government has acted negligently in a way that caused injuries, a personal injury claim can be filed. Though, filing a suit for negligence can be difficult as the burden to prove the fault of government on an individual is usually higher than that of a private entity.
Risks associated with conditions maintained by the Government: If a government knowingly risks the safety of citizens by maintaining their property in a hazardous condition, a personal injury claim can be pursued.
Auto Accident: Auto accidents in Wisconsin involving government-owned vehicles are an exception to the immunity rule. In such situations, individuals are allowed to sue and seek compensation for the damages due to the government’s negligence.
These specific scenarios mentioned above allow you to initiate a suit against a government agency, but it is advised to consult an attorney to assess your case suitably as these scenarios have certain limitations.
Filing a Notice of Claim
If you have a valid case of personal injury against a government agency, you must follow the notification process before filing a lawsuit. Unlike other personal injury lawsuits, where the statute of limitations is three years from the date of the incident, if you wish to sue the government in Wisconsin, you need to file a Notice of Claim within 120 days of the injury or incident.
This Notice of Claim must include details about the injuries sustained in the incident, the location, and the time of the event, and evidence of the government’s negligent or wrongful behavior that caused the injuries.
After filing the Notice of Claim, you must wait for the government agency to review the claim and respond within 120 days.
Filing a Lawsuit
If the government agency denies or fails to respond to your Notice of Claim, you can then file a lawsuit for personal injury. If the government agency responds and denies your claim, you have six months from the date of their response to file a lawsuit. If the government agency fails to respond, you have two years from the incident to file a lawsuit.
Why Hire a Personal Injury Attorney for Your Case?
Filing a personal injury claim against a government agency can be a complex process with multiple procedural requirements and if you are not careful with your legal strategy, you might lose out on the damages you deserve. A personal injury attorney will be more familiar with the legal procedures and norms specific to government agencies, which will help streamline the process and improve your chances of winning the lawsuit.
Conclusion
To sum it up, you can file a personal injury claim against a government agency in Wisconsin, but only in specific scenarios, which also require you to follow a specially designed notification process. If you want to improve your chances of winning the lawsuit, it is advisable to hire an experienced personal injury attorney to handle your case.