Why Is It Harder to File an Injury Claim Against the Government? 

Filing an injury claim is never an easy or enjoyable process, but when it’s against the government, most people will tell you it’s an uphill battle. But why is that? Shouldn’t the government be held accountable for its actions just like any other entity or individual?

The short answer is yes, you can file an injury claim against the government, but it’s often more complicated than filing against a private party. At Saavedra Law Firm, we’ve seen these challenges firsthand and have successfully guided our clients through them. In this article, we’ll explore why obtaining compensation for injuries caused by government negligence can be difficult. By understanding these obstacles, you’ll be better prepared to navigate the process and plan your next steps effectively.

Reasons Why You May Want to File an Injury Claim Against the Government

Several types of claims can be filed against the government, but they often involve certain categories of government negligence. Here are some instances when filing such claims might come into play:

• Car Accidents: Instances where a government vehicle, driven by an employee, is involved in a collision due to negligence.  
• Slip-and-Fall Accidents: Injuries caused by unsafe conditions on government property (e.g., parks, offices).  
• Medical Malpractice: Mistakes or negligence in government-operated medical facilities like VA hospitals.  
• Unsafe Roads: Defects such as broken traffic signals or unmaintained roads causing accidents.  
• Negligence by Public Employees: Cases where public employees don’t meet their duty of care, leading to injuries for others.  

Why It’s Hard to File Against the Government

Sovereign Immunity: The Biggest Hurdle

Filing an injury claim against the government comes with significant challenges, starting with sovereign immunity. This legal principle, rooted in the old idea that “the king can do no wrong,” protects the government from being held liable for injuries or damages caused by its actions. To bring a successful claim, you must prove that the government has specifically waived its immunity for your case—a difficult task that often serves as the first major roadblock.  

Limited Exceptions to Sovereign Immunity

Even if you can bypass sovereign immunity, the types of claims you can file against the government are very limited. Most jurisdictions only allow claims in narrow circumstances, such as negligence involving public property like poorly maintained roads or unsafe facilities. Broader claims, such as those related to legislative decisions or governmental policies, are typically off-limits. Understanding these narrow exceptions is critical to determining whether your case can proceed.  

Stricter Deadlines and Procedures

If your claim qualifies under an exception, you’ll face additional hurdles in the form of stricter deadlines and procedures. Lawsuits against the government often require shorter filing timeframes compared to private cases. You may also need to provide formal notice of your claim or obtain special permission from the court before moving forward. These added steps demand thorough preparation and strong evidence, making the process far more complex and time-sensitive than a typical personal injury claim.  

The Role of a Personal Injury Attorney

Given the added complexity of suing a government entity, seeking legal counsel is highly recommended. Here’s how an experienced personal injury attorney can help you:

Navigating the Legal Maze

An attorney can ensure all procedural requirements are met, from crafting a compelling Notice of Claim to gathering sufficient evidence. This increases your chances of success while reducing the stress of managing the nuances of legal procedures.  

Meeting Tight Deadlines

Staying on top of the 180-day Notice of Claim deadline is crucial. A lawyer ensures all necessary documentation is filed on time.

Fighting for Fair Compensation

Government claims can be intimidating, and you may be tempted to settle for less than you deserve. Your attorney will negotiate for you, using their experience to fight for maximum compensation.  

Avoiding Legal Pitfalls

Government entities often invoke statutory immunities or procedural errors to have claims dismissed. Hiring a lawyer minimizes the risk of costly mistakes that could derail your case.  

Safeguard Your Rights Today

Filing an injury claim against the government in Arizona is no simple task. Between tight deadlines, detailed paperwork, and potential immunity defenses, the process can feel daunting. However, with a knowledgeable legal team, you don’t have to face it alone.  

At Saavedra Law Firm, we’re dedicated to helping injury victims fight for justice, even against government entities. With our experience and knowledge, we can guide you through every step of the process, ensuring your claim stands strong. Contact us today to get started.