Filing a Personal Injury Case Against the Government 

You might think you don’t have legal options if you were injured due to the government’s negligence, but that’s not true. Since there is no sovereign immunity for certain personal injury cases, you can pursue claims against government entities and employees responsible for your injuries.

Filing a claim against the government isn’t the same as suing an individual or private business, though. You must follow specific procedures, or your claim will be denied. Find out what types of personal injury cases you can file against the government and the steps you must take for a successful claim.

Types of Personal Injury Claims

Arizona allows people to seek compensation for most personal injuries caused by a government entity or employee’s negligence. Most cases involve the following:

• Slip and fall accidents on public property
• Auto accidents caused by road defects or a government employee’s negligent driving
• Medical malpractice at a medical facility operated by the government

In each instance, you must prove that the negligence of the government entity or employee directly caused your injury and that you suffered damages as a result. For example, you won’t have a claim if you slip and fall but don’t get injured. Also, your claim will be denied if the government or its employees weren’t negligent.

Examples of Personal Injury Claims

Public buildings should be free of slip and fall hazards. Assume you enter a government building only to slip and fall in a puddle of water. You break your leg and have to pay thousands of dollars in medical bills, all while losing income due to missed work.

After some investigation, you discover a leaking pipe caused the puddle on the floor. Even though numerous citizens reported the hazard, employees ignored it. They didn’t fix the leak, rope off the area, or warn visitors of the hazard.

In this example, you would meet the criteria to file a personal injury claim against the government. Employees knew about the leak but failed to fix it, a clear sign of negligence. You broke your leg in the fall and suffered financial losses, so you have damages.

On the other hand, assume you slip and fall on the water caused by a leaking pipe, only to notice a “Wet Floor” sign after getting up. Since the employees provided a warning, you likely couldn’t collect damages. Still, consulting an attorney before abandoning the claim is wise.

Submitting a Written Notice of Claim

Arizona law requires that injured parties file a claim with the government before suing for damages. You have 180 days from the date the cause of action accrues to file the claim, or it will be denied.

This means the 180-day time limit begins once you discover or should have known about the injury and its cause. Most of the time, the cause of action accrues on the same day as the injury. For example, if a public bus runs into you and breaks your leg, you’ll immediately know that you’re injured and what caused it.

Along with meeting the statute of limitations, your claim must contain all required elements.

First, your claim must contain a detailed description of the events and circumstances related to the injury. The description should explain how the actions or inactions of the government entity or its employees caused the injury. Also, describe the injury in detail, including medical treatments, long-term prognosis, and symptoms.

Next, provide the compensation you would like to recover from the government, along with medical bills and other supporting documents.

Calculating the damages is the most challenging aspect of creating the claim. While it’s easy to add money lost to medical bills and missed work, future losses are more difficult to determine. Damages for pain and suffering pose an even greater challenge. Pain and suffering aren’t tangible losses; you may ask for too little if you attempt the calculation yourself.

A seasoned attorney can speak to medical providers and other experts to determine the long-term impact of the injury, as well as the projected future financial losses. Then, your attorney can submit the claim on your behalf.

Awaiting the Government’s Response

The government also has a statute of limitations after receiving a personal injury claim. You will hear back from the government within 60 days of filing your claim if it’s approved.

If approved, the government will pay the damages requested and close your case. You can’t claim additional damages after the case is closed, which is another reason to ensure you correctly calculate damages.

It’s also possible the government will deny your claim. The government usually doesn’t respond when denying claims. Instead, you’ll know your claim was denied if you don’t receive a response within 60 days of filing.

Filing a Lawsuit

A denial doesn’t mean you can’t pursue damages. Once denied, you have the option of suing the government for damages. You only have one year from the date the action accrues to file the suit. The court will reject your case if you miss the filing date by as little as a day, so don’t delay when filing the lawsuit.

After filing the lawsuit, you’ll need to prepare your case for trial. The government has numerous legal resources at its disposal and will vigorously defend itself against the claim. Your attorney will investigate all aspects of the claim and speak to doctors and other experts to determine the true cost of your injuries.

Consult With a Personal Injury Attorney

Personal injury cases against government entities and employees pose challenges not present in standard cases. The government fights hard to avoid paying these claims, so you need extensive evidence to support your case.

A personal injury lawyer can help you with every aspect of the claim, starting with ensuring you are eligible for compensation. Your personal injury lawyer can also prepare the claim before submitting it to the government, handle all communications, and take the case to trial if needed. Get the help you need by consulting a personal injury attorney today.