Generally, if you are injured because of somebody else’s negligence or wrongdoing, you can sue for damages. However, the situation is more complicated when the party responsible for your injuries is a governmental entity or a government employee. Government entities have sovereign immunity, meaning that they cannot be sued except in those situations in which they have expressly consented to suit. You may be able to sue for injuries that resulted from government negligence in Arizona, but you will need to follow certain special procedures. Phoenix government negligence lawyer Freddy Saavedra can make sure that you meet the applicable requirements.
Claims Based on Government Negligence
Under the Arizona Tort Claims Act, there are particular rules about when somebody who is injured can file a claim against the government. There are a number of exceptions to sovereign immunity in Arizona. The government cannot be sued for failures during property inspections or injuries caused by providing emergency care unless you can show gross negligence or intentional misconduct.
However, the government can usually be held responsible for personal injury and premises liability lawsuits arising out of its negligence if it could have been held responsible were it a private party. In most cases against a governmental entity, you will need to establish that the governmental entity had a duty of care, it breached its duty of care, the breach caused your injuries, and the accident case is not affected by sovereign immunity. For example, if you are injured at a state courthouse due to a broken step that the state failed to repair, a government negligence attorney in Phoenix may be able to hold the state responsible for that accident.
Claims procedures will need to be followed, and these procedures may be different depending on whether a federal, state or local government entity is to be held responsible.
Filing a Claim Against a Government Entity
Generally, to sue the state of Arizona, you need to file a written claim with the agency responsible for the harm within 180 days of being injured. The written claim needs to describe what happened, how your injuries were sustained, and how much money you are claiming while providing facts to support the amount that you claim. For example, you will need to include bills to claim a particular sum in medical losses.
You can be barred from recovering damages at all if you do not file the claim within 180 days, even if you are grievously injured. There is an exception for minors under age 18 and people found incompetent by the court.
The state will have 60 days to respond to the filed written claim. If you do not get a written response in 60 days, it is considered a denial. A Phoenix government negligence attorney then can help you file your personal injury lawsuit in court.
If you are suing a local government, you will need to follow different claims procedures. For example, if you are injured on a city bus as a result of a bus driver’s negligence in driving under the influence, you may try to hold the city accountable. It is vital to consult an attorney who understands how to hold potential parties responsible and which procedures must be followed.
Seek Guidance from an Experienced Phoenix Attorney
If you have been injured in an accident involving a government entity, our first step will be to determine whether the entity is federal, state, or municipal. Different procedural and substantive rules may apply for each level of government. Sometimes the doctrine of sovereign immunity prevents a claim, but you should always talk to a skillful personal injury attorney who has experience handling claims against the government. If you have been harmed because of government negligence in Maricopa County, you should consult Attorney Freddy Saavedra. Call us at 602-753-8917 or use our online form to set up a free consultation with a government negligence lawyer in Phoenix.
In short, yes, but not in all situations and there are some guidelines that must be followed, as your government negligence lawyer Phoenix, Peoria, and Maricopa County, AZ residents trust can explain. One of the key guidelines is submitting the detailed legal claim within 60 days. If you do not meet this deadline, you will have no options for filing a lawsuit for your damages or personal injury, even if your injuries are extensive. For this reason, you would be wise to act fast with the legal assistance of a Phoenix area government negligence lawyer if you have been injured in some way and can show liability on the part of a government agency.
The process for suing the government in Arizona can vary depending on the situation and the government agency in question. For example, some government entities are entitled to sovereign immunity, which means that they cannot be sued for any reason. However, you may be able to submit a claim detailing your injuries, the incident, and the compensation you’re seeking within 60 days of the incident in order to receive compensation or take the claim further to a lawsuit if your claim is denied. The legal system for this process can be complicated and have intricacies that may be better managed by a legal professional from Saavedra Law Firm, PLC.
No matter who you are, if you were injured due to the negligence of a government entity and can establish the neglect or liability of the government you likely can file a claim for compensation or sue if necessary. If you are unsure about the strength of validity of your claim, it is recommended that you speak with an experienced government negligence lawyer in Phoenix, Peoria, and Maricopa County, AZ about the details of your injury and incident that lead to your injury. Your lawyer can provide you with legal guidance for how to proceed with a claim and other options.
One of the most common scenarios for suing the government for a personal injury is negligence on the premises of the government agency. Such as not properly marking that a floor had been mopped and is wet and slippery, causing a pedestrian to walk through the area without extra caution and slipping and injuring themselves. In a situation like this the injured person may be able to establish the gross negligence of the facility and a valid claim for compensation for their injuries.
Before pursuing any type of legal claim or lawsuit it is recommended that you work with an experienced lawyer, and a government negligence claim is no exception to this advice. Claims like these have specific requirements in Arizona that a government negligence lawyer knows well. Talk with a Phoenix area government negligence lawyer from Saavedra Law Firm, PLC to get the legal advice you need, discuss the details of your situation, ask any questions you may have, voice your concerns, and more. Call us today!