How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

Home  »  Personal InjuryBlogs   »   Filing Personal Injury Claim Against A Government Entity – Is It Possible?

Filing Personal Injury Claim Against A Government Entity – Is It Possible?

By  Dan McCrary | March 1, 2024

A personal injury claim means asking for compensation for pain and suffering that you’ve faced because of someone else’s mistake. While such claims are common, the question arises: Can you file a personal injury claim against a government entity? That’s’ we’ll find out today. 

Mistakes and mishaps are part of life; anyone can cause them, not just ordinary citizens. At times, accidents occur solely due to errors made by government entities. If this has happened to you, don’t worry about it. 

This article will answer whether it’s possible to file a personal injury claim against an entity and, if yes, do you need a lawyer. We’ll also explain the laws that allow a citizen to hold a government entity accountable in case of loss so you can understand everything better. 

Is It Possible To File A Personal Injury Claim Against Govt Entity?

Yes, it’s possible and legally permissible to file a personal injury claim against a government entity, provided you have valid evidence establishing their responsibility. You can’t just blame the government solely based on your perspective.

If you possess evidence such as witnesses, medical reports, or footage indicating the government employee’s liability, acts like the Federal Tort Claims Act and The California Tort Claims Act (CTCA) allow personal injury claims. 

However, there are some rules regarding which situation the Govt entity would be responsible for. For example, the federal government can only hold you accountable if you were injured or property was damaged by a federal employee, not a local government employee. You can read more details about it below. 

Federal Tort Claims Act (FTCA) & California Tort Claim Act

The Federal Tort Claims Act and the California Tort Claims Act empower the public to hold government entities accountable for wrongful actions leading to accidents. The FTCA applies to federal employees, while the California Tort Claims Act applies to employees of California govt.

For residents of other states, it’s essential to research their state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act, certain conditions must be met to hold the federal government accountable:

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

If you live in any other estate, research state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act (FTCA), certain conditions must be met to hold the federal government accountable:

  • The injury or property damage must be caused by the employee.
  • The employee must have been acting within the scope of duty.
  • The employee’s actions must have been negligent.

The same case is for the California Tort Claim Act (CTCA), which also has some conditions. Besides these conditions, both acts require the victim to provide documented evidence that supports their personal injury claims.

  • A dangerous accident occurs on public property.
  • If the accident was caused by an employee.
  • The employee was acting within the scope of duty.

Statute of Limitation For FTCA & CTCA 

The statute of limitation means the duration of time a victim can claim for personal injury or damage. According to the Federal Tort Claim Act (FTCA), victims have a two-year time limit from the date of the accident to file their claim.

Similarly, the California Tort Claims Act (CTCA) also imposes a two-year time limit. However, there’s a crucial point: victims must inform the federal or local public entity timely (within six months) with a written application detailing the injury or financial damage incurred.

Can I File A Personal Injury Claim Against The Government Without A Lawyer?

Yes, you can file a personal injury claim against the government without a lawyer, a process called Pro Se, but you might face a lot of issues. Personal injury cases require evidence, investigation, and a deep understanding of legal principles. 

Without knowledge of the basics of law and how to present a case with strong evidence, you may struggle to persuade the opposing party. This is why it’s important to hire a personal injury lawyer. They can take the burden from your shoulders and ensure you succeed. 

Final Words

It's legally permissible for a citizen of a country or state to file a claim against the government if they're responsible for the loss. However, to prove this claim, you need solid evidence and statements from witnesses.

It's also important to understand the federal government and the local government. As a victim, you can only hold the federal government accountable for their employee; if the accident were caused by your state police, the federal government wouldn't be responsible for it.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR
Free Consultation

    McCrary Accident Injury Law Firm specializes in personal injury litigation. Its founder, Dan McCrary, Esq., spent 14 years working for the insurance companies before switching sides to represent personal injury victims in Rocklin as an attorney.

    Dan McCrary’s years of experience on the defense side taught him exactly how to obtain maximum recovery for his injured clients. If you have been injured in an accident you should contact the Accident & Injury Lawyers, Personal injury Attorney, Car accident lawyers at McCrary Accident Injury Law Firm in Rocklin, folsom, Sacramento to get the money you deserve, and overcome the tactics routinely employed by the insurance companies.