Suing the Government for Personal Injury

Personal Injury Lawyer

You slipped and fell on a freshly-mopped floor in the state capital building because there were no signs warning of a wet floor. An on-duty police officer clipped your car while pulling back into traffic after a traffic stop. In both situations, you may have become injured and require compensation for your injuries. Can you sue the government for personal injury? In some cases, yes!

When the Government Says You Can

Suing the government isn’t easy. It’s a longer, more involved process, and you may get confused along the way. If you plan to go ahead with it anyway, realize you can’t really sue the government unless they say you can. The Federal Tort Claims Act allows certain lawsuits against the government, but others are barred. For example, if a federal employee mops the floor in the state building and fails to put out a “wet floor” sign, that individual was negligent within the scope of employment. The FTCA may approve that claim.

How Do You Know?

There are a lot of hoops when dealing with the FTCA and a personal injury case against the government. Some basic rules to help you know when you can or cannot file a personal injury claim against the government include:

  • The state where the misconduct occurred must permit the claim.
  • If the injury was caused by an independent contractor the government hired, the government cannot be sued. The only exception is if the contractor is treated like an employee (for example, they are on the government’s payroll, the government controls their days off, etc.)
  • Intentional misconduct claims are generally not allowed; only negligence.

Proof to Win the Case

With the help of a personal injury lawyer, begin to collect the evidence and documents you need to win the case. You may get witness statements, medical summaries, photographs and other types of documentation that will show the court how and when you were injured. Your proof must show the responsible person was within the scope of employment, breached their duty and that the breach resulted in your injury.

Getting Started With Your Case Today

Depending on your injury, you may have a long road of recovery ahead of you. Whether you do or not, you don’t deserve to pay for injuries caused by someone else, even if that someone else is a government employee. If you feel you have a case, contact your personal injury lawyer and get started with the claims process today.

 

Source: Personal Injury Lawyer Miami, FL, Needle & Ellenberg, P.A.

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