When injured at the hands of a negligent party, you have the right to hold them liable for the damages they’ve inflicted. However, when this party is a government entity, you may not know if you can proceed. Luckily, the law allows anyone to hold the government responsible for the damages they’ve caused. Keep reading to learn more about how this process works in Texas and why you need a Tom Green County, Texas personal injury lawyer to help you through these legal complexities.
Can a Government Entity Be Sued for a Personal Injury?
Texas, like most states, has what’s known as sovereign immunity. This essentially means you cannot file a lawsuit against a state without its consent. However, the Texas Tort Claims Act has made it so a person can sue the state or a local government for wrongful acts occurring within the scope of employment that cause personal injury or death.
In general, you can file a lawsuit for injuries inflicted because a municipality was negligent. Whether you are injured due to broken steps at your post office or are involved in a car crash with a city vehicle, you have every right to pursue compensation for the injuries you’ve sustained.
It is essential to understand that if you pursue a lawsuit against a city, the damages will be capped. In Texas, the maximum compensation awarded to a single party is $250,000.
What Should I Do if I Want to Pursue a Lawsuit in Texas?
If you’re looking to file a claim against a state, county, or local municipality, it’s essential to understand how to proceed. Before you can file the lawsuit, you must file a Notice of Claim. This essentially informs the entity that you will be pursuing legal action. You must include the date the incident occurred, where the event happened, the injuries you sustained, and how much compensation you seek. Generally, you must file this notice within 180 days of the injury.
In Texas, the statute of limitations to file a lawsuit is two years. However, because you must file a Notice of Claim within a quarter of this time, it’s in your best interest to pursue a lawsuit as soon as possible. To file a lawsuit, you should enlist the assistance of an experienced personal injury attorney to help you through this process.
At the Mathis Law Firm, we know how complex these issues can be. Similarly, we understand the damages suffering an injury can inflict upon victims and their families. As such, we will do everything possible to help you recover the compensation you deserve, regardless of who the negligent party is. Contact us today to set up a free consultation to discuss the details of your case with a dedicated attorney.