If you have suffered a personal injury due to the actions or negligence of a government entity in Buffalo, New York, you might be feeling confused and uncertain about your legal options. At times like this, you may wonder whether it’s even possible to file a lawsuit against the government. The short answer is yes, but with specific rules and procedures. We understand that this is a challenging situation, and you may have many questions about how to proceed. We want to assure you that our team is here to help guide you through this complex process and work hard to achieve a successful outcome for your case.
Understanding Government Immunity in Personal Injury Claims
Government entities, whether at the federal, state, or local level, are typically protected from personal injury lawsuits due to the principle of “sovereign immunity.” This legal doctrine generally shields the government from being sued without its consent. In the past, it was nearly impossible to file a lawsuit against a government entity for injuries caused by its actions. However, over the years, exceptions have been created, allowing individuals to seek compensation for certain types of claims.
While this may sound discouraging, there is good news. In New York, the government has waived its immunity in specific situations, allowing you to file a lawsuit if you meet certain criteria. But navigating these exceptions can be tricky, and it is essential to understand the nuances of the law if you plan to pursue a personal injury claim against a government entity.
What Are the Exceptions to Government Immunity?
While it’s true that government entities enjoy broad protections under sovereign immunity, New York State has made provisions for injured parties to hold the government accountable in certain cases. The most common scenarios that might allow you to sue a government entity include accidents caused by negligent actions or omissions by a government employee, accidents that occur on government-owned property, and certain other situations where the government’s actions directly led to harm.
If a government employee, such as a police officer or a public works employee, causes an accident while performing their official duties, you may have the right to file a lawsuit for compensation. This is often referred to as “negligence” or “tort liability.” Similarly, if you are injured on government property, whether it is a public park, sidewalk, or building, you may be entitled to seek damages for your injuries, assuming the government entity was responsible for maintaining the property and failed to do so properly.
However, these exceptions do not mean that every injury caused by the government is eligible for a lawsuit. Strict rules govern these claims, and it is crucial to act quickly because New York has a statute of limitations that limits the time in which you can file a claim against the government.
Statute of Limitations for Claims Against Government Entities
One of the most important aspects of filing a personal injury claim against a government entity is understanding the time limits involved. In general, the statute of limitations for personal injury claims in New York is three years. However, when suing a government entity, the rules are different.
If you intend to sue a government agency in Buffalo, NY, you must file a Notice of Claim within 90 days of the incident. This is a crucial first step that must be done before you can even think about filing a lawsuit. Failing to submit this notice in time could result in the loss of your right to pursue a claim altogether.
After filing the Notice of Claim, you will typically need to wait 30 days before proceeding with the lawsuit. If the government fails to respond or resolve the claim within that time, you can proceed with filing a lawsuit in court. However, even after the Notice of Claim is filed, the government still has immunity from lawsuits in certain instances, such as when it is involved in activities that are deemed to be governmental functions rather than proprietary functions. For example, if the injury is caused by a governmental decision made in good faith, it might not be subject to a lawsuit.
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Navigating the Claims Process and the Complexities of Government Lawsuits
Navigating a lawsuit against a government entity requires careful attention to detail, strict adherence to timelines, and knowledge of the unique legal rules that apply. Many government lawsuits are handled under special procedures, and the government typically has more resources and legal teams dedicated to defending these claims. Therefore, it is essential to have a knowledgeable and experienced lawyer to represent your interests.
A lawyer with experience in personal injury cases involving government entities can help you determine whether you have a valid claim, assist with filing the necessary documents, and ensure that you meet all deadlines. Additionally, a lawyer can help you gather crucial evidence, such as witness statements, medical records, and accident reports, to strengthen your case.
The Importance of Legal Representation in Government Injury Claims
If you or a loved one has been injured as a result of a government entity’s actions, it’s critical to work with a skilled attorney who understands the complexities of these types of cases. As previously mentioned, the rules for suing the government are different from regular personal injury claims. The process is often more complex and requires meeting specific requirements within a tight timeframe.
When you work with an attorney, you benefit from their knowledge of the law and their ability to investigate the details of your case thoroughly. Whether it is gathering evidence, communicating with government agencies, or negotiating a settlement, an attorney can offer invaluable support in helping you achieve a favorable outcome.
What Compensation Can You Receive?
If your case is successful, you may be entitled to various types of compensation for the injuries you have suffered. These can include medical expenses, lost wages, pain and suffering, and emotional distress. In some cases, if your injuries are severe and have long-lasting consequences, you may also be entitled to compensation for future medical care and loss of earning potential.
However, when dealing with a government entity, the amount of compensation you can receive may be limited by certain rules and regulations. For example, New York State has caps on the amount of damages you can recover in certain types of government lawsuits. It’s essential to understand these limitations and work with your attorney to determine the potential value of your claim.
Taking the First Step Toward Legal Action
If you or someone you know has been injured due to the actions of a government entity in Buffalo, NY, it is important to take swift action. The sooner you contact an attorney, the better your chances of filing a successful claim. Our team is here to help you navigate this process, ensuring that your rights are protected and that you receive the compensation you deserve.
We understand that this is a stressful time, and we are committed to helping you achieve the best possible outcome for your case. If you need legal assistance or have questions about whether you can sue a government entity for personal injury, we encourage you to reach out to us at Friedman & Ranzenhofer, PC. Our team is ready to provide the support and legal guidance you need during this challenging time.
To learn more about this subject click here: How Long Does It Take to Resolve a Personal Injury Case in Buffalo, NY?
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup