A vast majority of public accidents are caused either by companies or private individuals. However, this is not to say that state governments are entirely perfect. State government employees sometimes make mistakes that end up causing irrevocable injuries or death to the public.
Regardless of the scenario in which a state government caused your accident, it’s worth noting that you can press charges for a potential personal injury claim. Even so, suing a state government isn’t a walk in the park. However, this happens more times than you think, and in many cases, citizens come out of the process with hefty compensation.
But what process should you undertake? Read on for a detailed roadmap to seeking compensation whenever you are injured by the government.
Whenever you find yourself in such a situation, the first thing you should do is to file a notice of claim immediately. Regardless of whether it’s clear that the state government is at fault, it’s of paramount importance to ensure that you file your case as fast as possible.
Although the process of filing for a claim dramatically differs from one state to another, the purpose of filing a notice is to notify the state government that you suffered a personal injury. At the same time, it serves to give the state government a chance to respond to the claims before filing a lawsuit.
Once the government takes note of your claims, it can either accept or deny. If your notice is dismissed, you can then proceed to file for a lawsuit in a bid to hold the state government liable for any injuries or damages you sustained through the accident. However, if the state government acknowledges your notice, you can proceed to negotiate the terms of compensation.
Review Your Case with a Lawyer
Since matters to do with law can be confusing, it’s important to include a lawyer in every step you take in seeking compensation from a state government. Always remember that personal injury or property damage cases against a state government follow special laws that can be overwhelming to interpret.
Whether your injury claims result from a car accident, negligence, or unsafe conditions that make a state government responsible, it’s important always to include a personal injury lawyer. This way, you will stand a better chance of getting fair compensation for your suffering, lost wages, medical bills, and losses, among others.
Know the State Department at Fault
For every personal claim or damages, it’s not always easy or clear when the state government is involved. For example, it can be challenging to draw the line between a state government and an organization when a state-funded organization vehicle causes your injuries or damages.
For liability or immunity, it’s essential to determine whether you should file claims against the government or not. You should also determine whether a particular organization is an arm of the state government.
By knowing whether an organization is state-owned, you will be better positioned to file a lawsuit claim against the state itself. Although this might sound simple, you will be required to present proof of liability to the court when filing for your claim.
In a Nutshell
While filing for a personal injury claim against a state government can be challenging, you can get hefty compensation in the end if you were indeed afflicted. However, for the process to sail smoothly, you should always involve a lawyer. A lawyer will help you comply with any statutory requirements and file for a notice of claim or a lawsuit against the state government that is at fault.