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. However, under the Texas Tort Claims Act, there are a number of guidelines in place, including the requirement to file a Notice of Claim within a short deadline, often 180 days. 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.
When Sovereign Immunity Is Waived in Texas
- Government employees who cause injuries while operating a motor vehicle within the scope of their employment
- Dangerous conditions on government property constitute premises liability
- Negligent use of tangible personal property that leads to injury
- The Texas Tort Claims Act allows claims under limited and defined circumstances
What Types of Accidents Commonly Lead to Government Claims in Texas?
Certain accidents are likely to be eligible for the Texas Tort Claims Act, especially those that involve government employees or unsafe conditions on public and government property.
Common Examples of Government Liability Cases
- Slips and falls on unsafe government properties, like unsafe sidewalks, wet floors, and dangerous stairs
- Injuries caused by inadequately maintained public buildings and infrastructure
- Car accidents involving local, county, or city vehicles
- Accidents involving equipment owned and operated by the municipality
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 many Texas cities, including San Angelo and other local municipalities, specific notice requirements and shorter deadlines may apply, making it imperative to confirm local rules prior to proceeding.
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.
What Must Be Included in a Notice of Claim
- The date, time, and location of the incident
- The names of any government employees involved in the accident
- A detailed description of how the accident occurred
- The nature and extent of the injuries suffered
- Requested amount of compensation
Critical Deadlines You Cannot Miss
- Notice of Claim, typically within 180 days from the date of the injury
- Some municipalities may impose shorter Notice deadlines
- Lawsuits must generally be filed within two years of the date of the accident
- Missing deadlines can bar your recovery, even if negligence and damages are obvious
What Compensation Can You Recover From a Government Entity?
In Texas, compensation for claims filed against government agencies is more limited than standard personal injury claims, as there are statutory caps and restrictions in place. As such, understanding the limitations can help ensure you understand what to expect when pursuing your injury claim in San Angelo.
Types of Damages Available
- Medical expenses related to the injuries you’ve suffered
- Lost wages
- Pain and suffering, though this is limited
- Other economic damages tied directly to the injuries you have suffered
Damage Caps in Texas Government Claims
- $250,000 per person for claims against state or local government agencies
- $500,000 per occurrence, meaning for all claimants involved
- Some municipalities may impose lower limitations
- Punitive damages are generally not available for claims against government agencies
Contact an Experienced Toms Green County Personal Injury Attorney
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.
