Filing Requirements for Government Personal Injury Claims

Like with most types of personal injury claims, a personal injury claim against a government entity can only be filed within a specific period of time.  This timeframe is called the statute of limitations, and the length of time that it encompasses can vary greatly from state to state – being as long as several years in some states, but typically averaging around two years.  After the statute of limitations has passed for you to file your personal injury government claim, you lose your rights to file.  With cases involving personal injury against the government, however, special rules apply.  If you have been wronged, harmed, or injured and a government entity is liable or at fault, you typically have around sixty days to file what is known as a “notice of claim”.  Being awarded compensation if a notice of claim is not filed within sixty days is improbable.  In addition, many government entities are considered to be immune from being held liable in personal injury lawsuits.  The government has essentially waived legal liability in most instances.  So while it is possible to bring about a personal injury lawsuit or claim against the government, the claim must be filed timely and appropriate to have a shot at being successful.

What You Should Do Now

If you have been injured and you feel that you have grounds for a personal injury lawsuit, and the government or a government employee or representative is liable or responsible, it is important to act immediately.  Your first step should be to contact a reputable personal injury lawyer who has expertise in dealing with personal injury claims against the government.  Because of the sixty day time limit on filing a notice of claim, acting within the first day or two of injury is important to get “the ball rolling” in your favor.  This notice of claim is your personal injury attorney’s way of alerting the government that you have received an injury, and that you believe them to be responsible. A notice of claim is typically sent to all of the government agencies that could be responsible for your injury, even if you don’t sue them all.  This opens up the opportunity for the government entity to respond to the notice before an actual personal injury lawsuit is filed.  The government will then accept the claim or deny it; in most cases an official notice of denial will be issued and your personal injury lawyer will proceed to file a personal injury lawsuit on your behalf.