Can You File a Personal Injury Case Against Governmental Entities like the City of Columbus, the Town of Springfield, or COTA?
Accidents resulting in personal injuries can occur unexpectedly, anywhere, and to anyone. Whether you slip and fall in a government-owned facility or in a collision involving a government-operated vehicle, the question arises: can you pursue legal action against the responsible government entity?
In general, yes, you can initiate a personal injury lawsuit against a governmental entity... if you can substantiate that their negligence or misconduct led to your injury.
This article will explore the possibility of filing a personal injury lawsuit against governmental entities.
1. Make sure you have grounds to file.
The first prerequisite is establishing that the governmental entity's employee was performing duties within the scope of their employment when the injury occurred. For instance, if a municipal employee causes a vehicular accident while operating a city-owned vehicle during work hours, you may have grounds to file a lawsuit against the municipality for the damages sustained.
2. Consider the statute of limitations.
In most instances, the timeframe for filing a claim against the government is shorter compared to filing against a private entity. It is imperative to submit a notice of claim or intent to sue within a stipulated period, as failure to do so could result in the dismissal of your claim. The initial requirement is to submit a notice of claim or intent within a designated timeframe, typically ranging from 30 days to 6 months, contingent upon the specific agency involved.
3. Proof of negligence is crucial.
Dealing with governmental entities adds further complexity to the process of filing a personal injury lawsuit. For example, COTA operates as a quasi-governmental entity, affording it some level of immunity from lawsuits. However, if you can demonstrate that COTA's negligent or intentional actions directly contributed to your injury, you may be eligible for compensation.
To summarize, while it is feasible to pursue a personal injury case against the government, the process is intricate. You must adhere to specific procedural requirements, including filing a notice of claim or intent to sue within the prescribed timeframe, establishing that the government employee acted within the scope of their employment, and demonstrating that their negligence or wrongful conduct resulted in your injury.
If you have sustained a personal injury, you need guidance from an experienced personal injury attorney to navigate the complex claims process and pursue rightful compensation. We have over 40 years of experience pursuing personal injury claims against the government. Don’t wait. Give us a call.
