Many car accident injury victims are surprised to hear a Smyrna auto accident lawyer state that they can sue the government for their car accident injury and get compensation. Most car accident injury cases are filed against another driver. But what if a government vehicle was involved in the accident or the person who caused the injury was working for the government at the time of the car accident?
Personal injury claims involving the government are always more complicated than others with regular drivers. Suing the government for a car accident injury involves a complex process. Furthermore, you need an experienced Smyrna personal injury lawyer to get the full compensation you deserve.
Again, if a government worker is not directly responsible for your car accident injury, you can still sue the government if a road hazard injured you. However, there are many things to note for a good personal injury claim against the government.
This article will explain how car accident injury claims against the government work. You will also learn what makes a good case that can get you the maximum compensation.
How Car Accident Injury Claims Against the Government Work
When accidents happen, injury victims can seek compensation for their injuries. This is because Georgia operates a fault-based accident system.
But getting compensation becomes harder when the government is involved, compared to common cases against negligent drivers. Car accident injury victims must understand certain concepts to file a successful claim against the government.
An example of these concepts is Sovereign immunity, which makes car accident injury cases involving the government very different from those involving normal drivers.
What Is Sovereign Immunity?
Sovereign immunity, also called government immunity, protects certain government agencies and employees from lawsuits. So, it prevents car accident injury victims from suing government agencies and personnel when they are involved in car accidents.
However, some legislative amendments to the sovereign immunity law now allow car accident victims to sue government agencies and personnel when they cause car accidents. These amendments only cover some car accident cases. Contact a Smyrna personal injury lawyer to know if the recent amendments cover your car accident injury case.
How Car Accident Cases Differ When the Government is Involved
It is the doctrine of sovereign immunity that complicates the compensation process in car accident claims involving the government. Notably, sovereign immunity can apply in car accident cases involving the following government personnel:
- Mail carriers
- Firefighters
- Police officers
- Ambulance drivers
- City workers
The major differences in both car accident injury cases involving the government is sovereign immunity and the statute of limitations. For cases involving the government, you must initiate the legal process within six months for the federal government and twelve months for the Georgia state government. But it is two years for normal personal injury cases.
Understanding the Federal Torts Claim Act (FTCA)
The Federal Torts Claims Act (FTCA) might play a significant role in your car accident injury case. According to the statute, the federal government is equally accountable for carelessness as an individual. So, the FTCA applies where the driver that hurt you works for the federal government.
The FTCA, however, describes the litigation proceedings against the federal government. These proceedings may make it more difficult to sue the government in a car accident injury case.
While working on your case, an experienced personal injury lawyer will do the following:
- File your case within two years of the car accident
- Provide all necessary details and evidence in your claim
- Review the federal government’s response to your claim
- File a lawsuit if the government refuses your claim
Some car accident injury claims involving the government may be straightforward. However, most of them involve the FTCA. When it applies, the FTCA may prevent you from suing the government because the driver who caused your accident is a federal contractor, not a federal employee.
How Can I Sue the Government for a Car Accident Injury?
You can only sue the government “under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” This is stated in the FTCA’s 28 U.S.C. S. 1346(b), the Governmental Immunity and Car Accidents section.
As we stated earlier, car accident victims have 2 years to file their claim in car accident cases not involving the government. However, car accident cases against the government, either the city, county, or state government, must follow a notice requirement called an Ante Litem notice.
According to Georgia law, negligence claims against the state of Georgia or a county government must be presented to the appropriate agency within twelve months.
The Ante Litem notice must contain details of how the accident happened and the amount of monetary damages you seek for compensation. This must be done very carefully with the expertise of a Smyrna personal injury lawyer because it directly affects the strength of your case.
What Damages Does a Car Accident Claim Against the Government Cover?
After filing a successful personal injury claim involving the government, you will get compensation covering the following:
- Lost Income
- Medical Care
- Lost Income power
- Medications
- Pain and suffering
- Counseling costs
- Rehabilitation costs
- Property damage costs
Should I Hire a Lawyer for My Car Accident Injury Claim Against the Government?
As explained above, getting compensation from a personal injury claim against the government is different from normal personal injury cases, requiring the expertise of a Smyrna personal injury lawyer to get you the compensation you deserve.
While working on your case, a lawyer will prove that the elements of negligence exist in your car accident personal case.
The elements include the following:
- Duty of care
- Breach of duty
- Causation
- Damages
The lawyer will prove that the government had a duty of care in your car accident; it breached the duty of care by causing the accident, which left you with injuries and other damages. After proving these elements, you can get compensation from the claim.
Let Our Smyrna Personal Injury Lawyer Help You in Your Case Against the Government
Injuries and other damages from a car accident always become more difficult to deal with without compensation. With this understanding, we provide outstanding legal services that will help our clients get compensation from their personal injury claims and aid their recovery from the car accident.
We also operate on a contingency fee basis, so you don’t have to pay us until we win your case. So, book a free consultation with our injury lawyer in Smyrna, Georgia today to begin filing your claim.
