You were injured in an accident that was a result of someone’s negligence. If the at-fault party is an individual or business, filing a personal injury lawsuit doesn’t have to be complicated. However, if you were hit by a federal, state, or city employee, you will be up against a federal, state, or local government agency, and filing a lawsuit wouldn’t be as easy. Law firms in LA, such as Naqvi Accident Injury Law, have been working with clients, offering them solutions for their losses, especially when injuries are not their fault. In this post, we are sharing more on personal injury lawsuits against government agencies in Nevada.
Sovereign Immunity is not absolute
The US still follows the concept of ‘Sovereign Immunity’, which means that you cannot sue a sovereign entity without consent. This includes all federal and state government agencies, and while sovereign immunity doesn’t apply to municipal governments, states often have extended immunity for these agencies. However, sovereign immunity is not absolute anymore. Thanks to the Federal Tort Claims Act (FTCA), and Chapter 41 of the Nevada Revised Statutes, government entities and agencies can be held liable in personal injury cases. It should be noted that the process can be an extensive one.
Dealing with administrative claims process
Before you can go ahead and file a personal injury lawsuit, you will have to go through a comprehensive ‘administrative claims’ process. This simply means that the concerned government agency must be informed of the claim. They have a dedicated time period, usually six months, to review and respond to the claim. If they reject your claim, or do not respond to it, you can file a personal injury lawsuit. The claims process is a complicated one, and everything must be done as per the norms. Everything, from the accident and how the injury occurred must be detailed.
Get a lawyer
If you don’t want to go ahead with the claims process on your own, or aren’t sure if your claim will hold in the first place, you should consider hiring a lawyer, who will guide through the process. They will help with the steps involved and ensure that you don’t make a mistake that can deprive of the deserving compensation you are entitled to get for your injuries. Note that the amount you can recover when filing a lawsuit against a government entity may not be the same as you would have got from an insurance company, if an individual was at fault.