Tuesday, January 10, 2023

How To Sue A County Government Agency

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Sewage backup or overflow can cause massive property damage and serious personal injury. In order to hold the government responsible for sewage backups caused by negligence, the Legislature created this exception to the general rule of governmental immunity. However, in order to hold the government responsible, an injured person must demonstrate that the sewage system had a defect, that the government knew of the defect and failed to remedy it, and that the defect was the cause of the property damage and/or personal injuries.

Who Is Responsible For Accidents That Happen On Government Property

When the government owns or controls the property, the government may be liable for injuries caused by any hazardous condition on the property. However, premises liability claims against public entities have a different standard.

In a premises liability claim against the government, the plaintiff has to show:

  • The property was in a dangerous condition at the time of the injury
  • The injury was proximately caused by the dangerous condition
  • The dangerous condition created a reasonably foreseeable risk of the kind of injury which occurred and either:
  • The danger was created by a negligent or wrongful act of a public employee, or
  • The public entity had actual or constructive notice of the dangerous condition and enough time to correct or protect against the dangerous condition.34
  • To establish notice, the dangerous condition may have existed for a period of time and was obvious enough that the government entity should have discovered the condition and its dangerous character.5

    How The Administrative Claim Process Works

    You must file your claim within two years. You have two years from the date you were injured or your property was damaged to file your administrative claim. If you wait too long your claim will be rejected as untimely and you won’t be able to file a lawsuit in federal court for money damages.

    Include facts and all damages in your claim. Your administrative claim must include the exact amount of money you are asking for and enough facts about your case to allow the federal agency to investigate your claim. The SF 95 will walk you through the information you have to provide. Don’t lowball your claim. You won’t be able to ask for more money in your lawsuit than you asked for in your claim without new evidence .

    The agency has six months to respond to your claim. The federal agency has six months to rule on your claim. In some cases, the federal agency might “admit” your claim and offer to pay you some or all of the money damages you requested. Or, the agency might deny your claim or offer you less than what you think your claim is worth.

    You then have six months to file a lawsuit. After the federal agency rules on your claim, you have six months from the date on which the decision is mailed to you to file a lawsuit. Again, don’t delay. File your lawsuit as soon as possible after receiving the agency’s decision to avoid having your lawsuit dismissed as untimely.

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    North Carolina Tort Claims Act And Sovereign Immunity

    N.C.G.S. § 143-291 also known as the North Carolina Tort Claims Act provides that state departments and agencies waive their sovereign immunity against certain negligence claims.

    Here is how the NCTCA works when suing public entities in North Carolina:

    • If a government employee caused your injury, you could sue their employer for negligence as long as they were acting in the scope of their employment and
    • You cannot bring a claim against a public entity if its employee injures you on purpose or as the result of an intentional act (in that case, you need to file an intentional tort claim against the person who harmed you.

    The NCTCA does not limit the amount of economic damages you can recover, which means you can seek compensation for all your medical expenses, lost wages, property damage, and other economic damages. However, the Act caps non-economic damages, such as pain and suffering and loss of quality of life, to $1 million.

    It is important to work with a North Carolina personal injury attorney to help you sue a negligent government agency. Schedule a consultation with our lawyers at Arnold & Smith, PLLC to determine how you can sue a public entity for negligence in your case. Call 370-2828 to receive a video or phone consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.

    Legal Scholar Says Lawsuit Has Claims Worth Examining

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    Among the personal stories contained in the statement of claim is that of a 23-year-old Hamilton man with autism who has the emotional capacity of a four-year-old. His guardian claims in the suit that the man doesnt have the capacity to understand pandemic health measures, which have totally mentally devastated him by depriving him of his routines and his social and emotional network.

    Another account is of a Mississauga woman who says she cant wear a mask because it triggers a traumatic memory of having a mask forcibly held over her face during a sexual assault.

    The claim states the woman is often faced with a choice when she goes out in public without a mask: risk being embarrassed by disclosing her private history or be denied service at local businesses.

    I dont think we need to violate peoples privacy or have them disclose medical conditions, particularly in the context of a private business, said Jacob Shelley, an assistant professor of health law and ethics at Western University in London, Ont., who examined an unredacted copy of the lawsuit provided by CBC News.

    We need to have a discussion about what does it mean to mandate masks. What does it mean to have everyone wear masks when youre indoors and you cant socially distance, because I think there are going to be legitimate instances where people are going to be unable or unwilling to wear a mask for reasons that really are their own.

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    How To Sue A City For Negligence

    First, youll generally file a claim with the city government, at which point youll be directed to either the city attorneys office or the risk management division.

    Once the city receives your claim, it has three options:

    • Accept the claim and pay your damages
    • Negotiate with you to try and settle your case for less than the full amount of damages youve specified
    • Deny the claim outright

    Theres very little chance the city will simply accept your claim and pay you the full amount of damages. Most often, the city will try to deny the claim or negotiate the amount down. If you cant resolve the claim with the city, you can file a lawsuit against the city for negligence. As with any lawsuit, youll need to prove the city was negligent and that the negligence directly caused or contributed to your injuries and damages.

    Youll also need to consider whether the at-fault party was a government organization as a whole or an individual employee, as the difference can affect certain aspects of your case.

    If youre familiar with punitive damages, be aware that most states wont allow you to recover these types of damages from a city government. North Carolina does not allow for punitive damages in lawsuits against a city or municipality.

    Make sure to check the statute of limitations for personal injury and negligence claims in your state. In North Carolina, claims must be filed within three years for a personal injury case and within two years for wrongful death.

    How To Sue The Federal Government: And Why You Might Need To

    Governmental agencies and their employees are typically protected against lawsuits under the legal doctrine of sovereign immunity. However, the government agreed to waive some of these protections when it passed the Federal Tort Claims Act and allowed ordinary citizens to bring negligence actions against a government agency or a government worker when they are injured.

    Unfortunately, the Federal Tort Claims Act also raised numerous legal obstacles to make recovery more difficult. For example, the Act requires that a potential plaintiff file an administrative claim with the appropriate federal agency before even filing a lawsuit.

    Many people are unaware of this requirement and therefore their lawsuits are immediately dismissed. There are also strict time limits for filing a lawsuit under the Federal Tort Claims Act.

    The Kryder Law Group, LLC Accident & Injury Lawyers has decades of experience with FTCA claims and will help you navigate these obstacles to ensure you receive the maximum compensation you deserve.

    In this Article

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    How To Sue The Federal Government

    Unlike ordinary personal injury claims, plaintiffs must first submit a Form 95 administrative claim with the federal agency that caused your injuries within two years of the date of the accident.

    This is where things can get complicated. You MUST complete ALL entries of the Form 95! If you do not, it will not be considered a valid claim, and your case may not be able to recover anything.

    Once the agency receives the claim, it has up to six months to decide whether to accept your claim and pay your damages demand or to reject your demand. If the agency rejects your demand, you may then file a claim in United States district court against the government agency or federal government employee who caused your injuries.

    You only have six months from the date of the agencys denial to file a request for reconsideration or a lawsuit. If you do not, your case will likely be barred forever.

    What Notice Is Required For A Texas Tort Claim

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    Under Section 101.101 of the Texas Tort Claims Act, the State of Texas is entitled to a notice of claim within 180 days of the incident occurring. Otherwise, the claimant loses the right to pursue a lawsuit. Without proper notice, the trial court is without jurisdiction to hear a case under the Tort Claims Act. Furthermore, this six-month timeline is not tolled or suspended, because the victim may be a minor. The notice must include the following information:

    • Description of the damage incurred,
    • Injury suffered,
    • Identity of the parties injured,
    • The incident that led to the injury, and
    • The time and place of the injury.

    If the State government entity has actual notice that someone died, sustained some injury or property damage, then notice is not required. The government entity must have actual notice of the same information that must be included in the notice. The notice requirement is merely a necessary first step, or, condition precedent, to proceed with a lawsuit.

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    Who Gets The Money In A Wrongful Death Settlement

    After an accident in which your loved one suffers fatal injuries, you may want to try to hold the negligent party accountable. One of the ways to do that, while protecting the financial interests of the family, is through a wrongful death claim. If you are contemplating filing a wrongful death claim, you and your family may be wondering, who gets t

    May 12, 2022

    Tort Claims Act Specialist

    Personal injury cases frequently involve a reckless or negligent party working for some out of municipal control agency, like bad cops or a scumbag government bureaucrat living off the taxpayer, Soviet Style. In these types of cases, the city, county, or state is sovereign, usually immune from lawsuits unless an exception applies.

    But if your case involves civil rights or a related issue, you can still sue an agency beyond six months by using Title 42 U.S.C. Section 1983. And no one has our knowledge of the law and civil rights violations. Our superior attorneys will take steps to preserve your rights anytime a rogue agency or agent thinks they are above the law.

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    If You Want To Sue A Local Government For An Injury Youll Need To Follow A Rigid Set Of Rules And You May Be Limited In Terms Of When And How Much You May Recover

    A city, town, county, or state government can be held responsible when itcauses injuries, just as any normal person or business can be held liable.However, unlike normal personal injury lawsuits, there are rigid steps tofollow and deadlines to meet for an injury claim against the government.Failure to follow these steps or meet a time deadline can sink your injuryclaim. Here are the main differences and rules youll need to watch out for.

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    Should You Represent Yourself Or Get An Attorney

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    The FTCA is a complex law. You will have the best chance to clear all of the procedural hurdles and overcome the arcane legal defenses of the federal government if you have an experienced lawyer on your side. And, as with any personal injury case, if your damages are substantial, you are likely to get a better result if you hire an attorney.

    If your case is simple and you aren’t asking for a lot of money, it might not make financial sense to hire an attorney. But remember that a lawyer can help you figure out how much your case is worth and your claim might be worth more than you think. Most personal injury lawyers don’t charge you for an initial consultation. Talk to a lawyer about the range of damages in your case and how personal injury lawyers get paid.

    If you decide to handle your own lawsuit, you might be able to get some assistance from the Pro Se Office at the courthouse where you file your claim, which helps plaintiffs who are not represented by an attorney.

    If you want to know more about special rules for personal injury claims against the government, read How to Win Your Personal Injury Claim, by Joseph L. Matthews . For help finding an experienced personal injury lawyer in your area check out Nolo’s Lawyer Directory.

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    Whats The Difference: Sue A Private Entity Vs Sue The Government For Negligence

    Suing an individual or private entity can be complicated in its own accord. Working with an experienced car accident attorney or personal injury attorney is important to get the compensation you deserve.

    Private party lawsuits have varying timelines depending on insurance and defendant response times and looking at the evidence. The statute of limitations in Indiana for non-government-related accidents is two years from the date of the accident. The process looks a bit different for suing a government and requires extra steps.

    A big difference is punitive damage lawsuits. Punitive damage is intended to punish the opposing party that goes above negligence involving gross mistreatment and behavior. Indiana, along with most other states, has eliminated punitive damages against the government.

    When Can The Government Be Held Responsible For My Injuries

    Under the Act, the government can be held legally responsible for personal injury damages in certain situations. These situations include:

    • The negligent acts of employees,
    • The negligent acts of independent contractors,
    • Premises liability for dangerous conditions on government property, and
    • When damages are caused by the public entities failure to carry out a duty imposed by law.

    The entity responsible in a California Tort Claims Act claim is generally the government entity or agency responsible for the employee, property, or carrying out a duty. The CTCA applies to state, county, and local government agencies and departments, including city or municipality agencies.

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    Can I Sue The Florida State Government Or A Subdivision If One Of Its Employees Injures Me

    At the Law Offices of Gary J. Drucker, we receive a lot of calls seeking advice on car accidents, slip and falls, or general negligence against the State of Florida or one of its subdivisions. As a personal injury lawyer, I handle many governmental cases and I write this blog entry as a very general summary of this particular area of law. I encourage any specific questions regarding this topic via a phone call or email and I would be glad to answer any questions on this or any injury topic.

    Florida has adopted many parts of the common law . One of these laws that were adopted is sovereign immunity, although it has been adopted in a limited fashion. Sovereign immunity, generally speaking, is the doctrine that the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution hence the saying, the king can do no wrong. In Florida, some suits are allowed and some are disallowed, hence it is limited sovereign immunity. Florida does not generally allow suits for general negligence, like cases against the State for car accidents, slip and falls cases and general negligence. There are some other limitations which I discuss below.

    Please note that all cases are different and one single fact difference can make a significant difference is any case evaluation. Please call Drucker Law Offices or another licensed Florida lawyer if you have questions regarding any case that happened to you or a loved one.

    * * *

    Suing The Government For Negligence: The Federal Tort Claims Act

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    If you are injured by a government agency, you may be able to sue under the Federal Tort Claims Act.

    Slip and fall in a post office? Injured in a traffic accident involving an FBI agent? Medical malpractice by a Veterans Administration doctor? These are only a few examples of the potential negligence claims against the federal government. If you have a claim against the feds, often your only option is to sue the federal government under the Federal Tort Claims Act .

    Unfortunately, suing the federal government under the FTCA is trickier than suing a private citizen â you will have to jump through a number of hoops, and the lawsuits are subject to a lengthy and sometimes confusing list of limitations.

    The Federal Tort Claims Act

    Historically, under the doctrine of sovereign immunity, you were not permitted to sue the king. Sovereign immunity has carried over to modern times in the form of a general rule that you cannot sue the government unless the government says you can. Fortunately, the Federal Tort Claims Act allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment.

    If you believe you may have a claim for negligence against a federal agency or employee, you must first determine whether you can sue the federal government under the FTCA. Unless your claim is allowed by the FTCA, there is a good chance it will be barred by sovereign immunity.

    Is My Claim Permitted By the FTCA?

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