Governmental Tort Liability

Federal Government Liability

Is the government liable for your personal injury? The doctrine of sovereign immunity originated with English common law based on the premise that the “King can do no wrong.” This concept carried forward throughout the years in its application to various governments. For example, in the United States, an individual cannot sue government entities on the basis of personal injury without government permission.

Exceptions under the Federal Tort Claims Act allow injured persons to sue for personal injury if a government employee’s negligence or wrongdoing played a part in causing injury. Also, the employee’s role in the injury does not have to be the primary cause of injury. Government tort liability laws offer protection against fraudulent suits while also providing compensation for victims wrongfully injured by government employees. An example of this type of liability would be a mail carrier who injures another through negligence while driving the mail truck.

California Local, County, and State Liability

California local, county and state governments allow individuals to file certain claims against state, county and local government entities. In these allowable claims, the monetary awards have no caps as they do in some states. Annually, California pays approximately $123 million in tort claims.
The injured individual must file a claim for damages. Even though the government in most cases will deny the claim, the filing procedure allows the injured individual to then file a complaint, which is a lawsuit against the government based on allegations of the claim. Examples of liability cases include injuries caused by public transit vehicles, lack of proper school supervision as well as dangerous highways. In most instances, an individual is also allowed to sue for government employee misconduct or negligence that resulted in damage or injury.

Compensation

The types of recoveries received for government tort liability include medical expenses, lost wages, estimated future medical expense, estimated future wage loss, past and future pain and suffering as well as loss of earning capacity.

Government tort liability also extends to wrongful death cases, which recover compensation for loss of love, companionship, comfort, affection, society, solace or moral support as well as assistance in the operation or maintenance of the home. Damages for the value of the decedent’s personal service, advice or training along with the value of future income and monetary contributions are compensated as well.

As with other personal injury claims, there are time limits or statutes of limitations for filing claims.

Arrange a Free Consultation

Our injury lawyers at the Law Offices of Carl A. McMahan will answer your questions and explain other complexities involved with government tort liability. We aggressively protect your rights through negotiated settlements or trial to see you are treated fairly. Arrange a free consultation with one of our attorneys to discuss your injury. Our fees are based on contingency, which means if there is no recovery, there is no fee. Call today.