Suing the Government for Personal Injuries
Many of us have interactions with the government and government officials during a number of activities in our daily lives. Indeed, anyone who uses public transportation, or enters a government building, may find themselves in the care of a state or local government. It is not uncommon for individuals to have personal injury claims against the government, since governments can be liable for a slip and fall accidents, general negligence, and other common personal injury causes of action. However, suing the government for personal injuries can be more complicated in certain situations.
Sovereign Immunity
Perhaps the most critical factor to evaluate when suing the government for personal injuries is whether sovereign immunity shields the government from claims. The general rule is that many government entities are immune from lawsuits because of the protections of the federal constitution, state constitutions, and various laws. However, many states and the federal government have waived this immunity by statute, and permit individuals to sue the government for certain claims if they follow strict rules of procedure. As result, it pays to speak with any attorney who is familiar with the tort claim statute in the jurisdiction you wish to file a claim to see if you can pursue a cause of action against a government entity. In New York and New Jersey, it is possible to sue the state government and localities for many types of personal injuries so long as the correct procedures of securing a claim are followed.
Notice of Claim
One important thing to keep in mind when suing the government for personal injuries is that a notice of claim must be submitted before lawsuits are filed against some local governments. A notice of claim apprises the government that they may be liable for a claim, and states some of the facts surrounding the claim. Oftentimes, notices of claim need to be submitted within a short amount of time after the events giving rise to a claim occurred. Indeed, in New York and New Jersey, notices of claim need to be filed against state and local governments within 90 days of an event giving rise to a case occurred. It is generally recommended that such a notice of claim be mailed via certified mail so a receipt is collected, or that proof that the claim has been filed electronically (if allowable) also be retained. Of course, there are some exceptions to the requirement to timely file a notice of claim, but it is important to hire a skilled personal injury lawyer shortly after an injury occurred given these short timeframes.
Different Courts
Another consideration to keep in mind when suing the government for personal injuries is that litigants often need to file the case in a separate court. Indeed, states (including New York) and the federal government have specially-designated courts that hear all matters against the government. The judges of these courts are usually appointed in different ways than the judges of other courts within the jurisdiction. In addition, although the procedures in these separate courts are often similar to the normal procedures when litigating cases, there are often some nuanced differences. Since there are differences in the courts that hear claims against some governments, it is important to consult with an attorney who has experience with such specially-designated courts.
Different Parts
One other thing to keep in mind about suing the government for personal injuries is that when litigating against a municipality, even if you do not need to file the case in a different court, there may be a separate part for claims against a city. For instances, cases against New York City are typically consolidated into one “city part” for each of the boroughs that comprise the city. This part may have separate procedures and time periods from other parts in that court. This usually makes it easier for a city’s lawyers to administratively handle all of the lawsuits filed against the municipality. As a result, it is important to research the rules of the parts where claims against local governments are heard in your jurisdiction.
Limitations on Damages
It is also important to note when suing the government for personal injuries that there may be limitations on the recovery of damages that are not available to other defendants. For instance, governments ordinarily cannot be held liable for punitive damages, which are damages above and beyond compensatory damages that are awarded because of unseemly conduct and aim to punish a party. In addition, although parties ordinarily cannot have a recovery lowered if they receive a payout from insurance for a claim, in some instances, governments may be entitled to such a reduction in liability. Furthermore, there may be restrictions on the recovery for pain and suffering against some governments in certain causes of action. A skilled lawyer will be able to include all liable parties in a lawsuit to ensure the most amount of money possible is recovered despite the fact that there are limitations to recovering money from governments.
The Rothman Law Firm is experienced at suing the government for personal injuries, and we understand how litigating against a government or a government agency can be different from other lawsuits. If you are looking for an experienced New York and New Jersey attorney to handle your personal injury matter against a government or other party, please feel free to contact The Rothman Law Firm to request a free consultation.