You Can Sue City Hall
Years ago, you couldn't sue city hall or almost any government agency. The old legal doctrine of sovereign immunity freed governments from most lawsuits unless they consented to be sued. But times have changed.
Today, if you are hurt or injured and the government is at fault, you can sue them for damages. The decline of sovereign immunity has opened up the door to personal injury lawsuits, premises liability lawsuits, and other lawsuits against government entities.
Government-Caused Accidents and Injuries
Governments maintain offices and facilities that we visit every day. They employ millions of people who drive hundreds of thousands of official cars and trucks. All these employees and government workers can make the same kinds of mistakes as everyone else, which will lead to a fair share of accidents. As a result, government workers can cause serious injuries to others and property damage.
When governments are responsible for your accidents and injuries, you may be able to sue them just as you would sue another person or company. This can include personal injury lawsuits for auto accidents and premises liability lawsuits for slip and fall injuries. It can also include lawsuits over other injuries for which there are legal remedies.
A wrongfully terminated or harassed employee can file an employment lawsuit against his or her government employer. Parents and students can sue school districts for failing to provide educational services or violating students' rights. People can also sue police agencies for violating their civil rights.
What to Do If You're Injured
You can normally seek to recover compensation when the government is responsible for the injuries. The federal government and most states have laws that authorize liability suits for a wide range of negligent conduct.
Provide the names of any witnesses, medical reports, estimates of damages, and any other helpful information. It's also important that you see your lawyer as soon as possible. You may not have as much time to file a lawsuit against the government as you would against a private business.
Things to Remember When Suing the Government
There are distinctions between suing the government and suing a private party. You may have to take some extra steps. Many states require people to file an administrative claim on an accelerated schedule with a government agency before they can file a civil case in court. If that claim is denied, then you can file a civil case against the government.
There is often a limited period of time in which to file the claim and the lawsuit, often a much shorter time than you would have to sue a private party. For example, a state may have a 2-year statute of limitations to file a personal injury claim. However, a claim against a government agency may require you to file a notice of claim with the government in a much shorter time, such as six months, but which can vary from state to state. Because a failure to meet this requirement is fatal to your claim, you should not waste any time before consulting an attorney.
Many states cap the amount of damages that you can potentially recover from the government. Additionally, depending on the state, certain types of lawsuits, such as medical malpractice actions against a government hospital, may not be available. An attorney should be able to guide you through these and similar obstacles.
Thinking of Suing City Hall or Another Government Entity? See an Attorney
The barriers to being able to sue city hall or government entities have long passed. If you're injured and believe you might have legal recourse, you want to see it through. Your first step should be to consult a personal injury attorney who can help you with your case, including providing a detailed description of the accident and injury.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.