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Filing a personal injury claim against a government agency can be an intimidating process. However, understanding what to expect can help to alleviate some of the apprehension and uncertainty associated with such legal proceedings.
The first thing you should know is that filing a personal injury claim against any governmental entity operates under different rules than when dealing with private individuals or corporations. The government enjoys sovereign immunity, which means it’s protected from lawsuits unless it consents to being sued. In the United States, however, this protection has been waived under the Federal Tort Claims Act (FTCA), allowing citizens to file claims for damages caused by negligence of federal employees.
Despite this waiver, there are still specific procedures and deadlines one must adhere to when filing a claim against a government agency. For instance, before filing a lawsuit in court, you must first file an administrative claim with the appropriate government agency involved in your case within two years from the date of injury.
This administrative claim should include detailed information about your accident: how and where it happened; description of injuries; names of individuals involved; and statement on damages sought including medical expenses and loss of earnings. Once filed, the agency has six months to respond – they may choose to accept or deny your claim or fail to respond at all.
If your administrative claim is denied or ignored after six months have passed since submission without resolution, you then have permission to escalate matters by filing a lawsuit in federal court. It’s important here not only for accuracy but also timeliness as failure to meet these deadlines could result in dismissal of your case.
It’s also worth noting that suing the government might mean facing certain limitations on damages awarded compared with suits against private entities. For example, punitive damages are typically not available in cases involving federal agencies under FTCA.
In terms of evidence required for successful litigation against governmental bodies – just like any other personal injury case – you need proof showing that negligence by the agency directly led to your injuries. This could be through eyewitness accounts, photographs, medical records or expert testimony.
Lastly, it’s crucial to have an experienced attorney by your side when filing a personal injury claim against a government agency. The process is fraught with complexities and legal technicalities that require thorough understanding of the law. A skilled lawyer will not only guide you through the procedure but also advocate for your rights and ensure you receive fair compensation for your injuries.
In conclusion, while filing a personal injury claim against a government agency can be challenging due to unique rules and procedures involved, knowing what to expect can help prepare you for the journey ahead.
Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699