Personal Injury FAQ:
How do I file a personal injury claim against the government?

It’s not easy to sue the government. But filing a personal injury lawsuit against the government requires you to follow strict procedures and guidelines. You can file a suit against your local, state or federal government, but it must be done correctly to even be allowed before the court.

Filing Requirements:

Personal injury lawsuits can generally be filed against a person or entity for a set period of time after the injury. This is called a statute of limitations. It can be as long as several years, depending on your state, but usually lasts somewhere close to 2 years. After that, you are no longer eligible to file a personal injury lawsuit.

But if you want to file a personal injury lawsuit against a government you probably only have 60 days to file something called a “notice of claim.” After that time period is passed, you are most likely ineligible to win compensation for your injuries.

Governments are generally immune from being held liable in lawsuits. The laws that are enacted that set down guidelines for someone to file a claim (called Tort Claims Acts) are there because the government has waived that immunity from legal liability for an injury. So it’s possible to sue, but you must follow the rules exactly.

What to Do if You’re Injured:

If you’re injured and a government body or government employee is involved, don’t wait to file a notice of claim, even if you have 60 days to do so. It’s important to do this quickly, and to file a notice of claim against any government agencies or employees involved even if you’re unsure of their fault in the case.

If you decide later that a government body or employee could be at fault and you did not already file a notice of claim, you’ve already missed your opportunity and you cannot file suit against them.

When you’re injured, filing the notice of claim right away alerts the government that you have been injured. The government then has the opportunity to respond to the notice before suit is filed. The claim will be accepted or denied; almost all are denied. Once you receive the denial of your claim, then you may file a lawsuit.

To Hold a Government-Affiliated Organization Liable:

If an agency or person who works for a company that isn’t part of the government but is affiliated with the government was somehow involved when you were injured, file a notice of claim with them, too. You might never intend to sue them, but on the chance that they could be held liable in the suit you’ll want to have filed the notice of claim in a timely manner so you can be compensated. It’s best to file a notice of claim with several agencies and have some of them not even qualify than to not file a claim and lose your chance at filing a claim.

Contact NYC Accident Lawyers Goidel and Siegel for Legal Advice.
We handle personal injury cases exclusively, and our knowledge of this area of the law is extensive.
We have represented victims of serious accidents and assaults for more than 17 years.