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Personal Injury from Governmental Agency

Anyone who has been a victim of negligence or reckless action (or inaction) can file a lawsuit against a government agency. However, suing a local government agency for a personal injury often involves strict number of rules and could have limited time and amount that can be recovered. Following these rigid steps and meeting the deadline are vital in establishing s strong injury lawsuit and secure a fair compensation.

One of the things that should be considered when suing a government agency is the narrow time limits that it gives to bring forth an injury claim. Typical personal injury claims have a statute of limitations around one to six years after the accident to file for a personal injury claim, while the time frame for government agencies typically range between 30 to 120 days after the injury. States can have a government-specific time restrictions and awareness of the general statute of limitations on injury claims is what is really essential for the lawsuit.

Another thing to regard is the “Notice of Claim” that some states may require, otherwise the lawsuits may be rejected by the court. This Notice of Claim is typically addressed to every person or entity involved in the accident and caused the injuries. It is not filed in court but rather sent through certified mail to the government employee or agency as well as to the government agency receiving all forms of Notice of Claims. It should contain state-specific information such as name, address, date, location and insurance provider of the injured claimant. Furthermore, there is a grace period of 30 -120 days after sending the Notice of Claim before filing a lawsuits, otherwise filing before the expiration of this period will render the lawsuit dismissible.

There are certain injury claims that the government is immune form, and despite it being not as extensive as it was in the past it still can give immunity to some personal injury claims which change from state to state. Additionally, states do not compensate for punitive damages since the rationale states that the punitive damages do not provide any deterrent effect for the misconduct.

 

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