Suing the Government for an Injury

If you have been injured due to the negligence of a government agency or employee, you may be confused about what to do next. It may come as a surprise that you can, in fact, consider suing the federal or state government.

A personal injury lawyer with Gibbs and Crivelli, Slingshot Law, can help you through every step of the process. We understand the best avenues to take when pursuing your case, and we’re ready to help you achieve the best outcome possible.

Negligence of the Federal Government

Due to the Federal Tort Claims Act (FTCA), you may be eligible to sue the U.S. Government. The tort covers a person who’s injured, lost a loved one, or lost property due to the government’s negligence. However, it must fit within the following criteria, and you have only two years to do so:

• You or a loved one were injured, killed, or lost property by an employee of the federal government
• The federal employee was acting as part of their duties as a government employee
• The employee was negligent
• The negligence caused you harm

Suing the State of Texas

In many cases, you are unable to sue the State of Texas. Statutes protect the state from liability in many cases, and in other cases, your statute of limitations may have passed, as government claims have different time limits than other personal injury cases. 

However, an experienced personal injury lawyer will be able to guide you in determining if your case is an exception. According to the Texas Torts Claims Act, you are allowed to sue the state if your case falls under a certain set of circumstances, as defined below: 

• A state employee’s use or operation of a motor vehicle while on duty results in property damage, personal injury, or death
• The state employee would be liable for the accident even if they weren’t working as a government employee

The Texas Torts Claims Act also allows for the state to be sued if an injury or death occurred while on state-owned property.

Statute of Limitations in Texas

If you plan on suing the state government of Texas, you only have six months to file your claim from the date of the accident. In addition, you will need to make sure you have included:

• The date of the accident
• Accident location
• A description of the accident
• Injuries or damages incurred

However, some cities within the State of Texas may have an even shorter time limit. Austin only allows forty-five days from the time of the accident to provide a notice of claim.

Know When to Make a Claim with a Personal Injury Lawyer

It’s normal to be confused and unsure of what to do after an injury or accident. But don’t let that stop you from making a claim, even against the state or federal government. The Austin injury attorneys with Gibbs and Crivelli, Slingshot Law, will help you learn what to do.

Need help making a claim? Schedule a free case evaluation to learn how we can help you. To get started, call 800-488-7840 or fill out the contact form at the bottom of the page.