If you were injured because a government employee, vehicle, facility, or other government-controlled property was negligently maintained or operated, you may be able to pursue compensation. However, claims against the government are subject to special rules that do not apply to ordinary personal injury lawsuits.
If you were hurt because of suspected governmental negligence in Laredo or elsewhere in Texas, talk to a personal injury attorney at Guzman Law Firm about your options at (956) 516-7198. Attorney Javier Guzman can review what happened, identify the responsible government entity, and determine whether a claim may be available.
Can you sue the government for negligence?
Generally, you cannot assume that the government can be sued in the same way as a private person or business. Federal, state, and local governments generally have immunity from certain lawsuits unless a statute specifically allows the claim.
For personal injury cases, however, federal and Texas law create circumstances in which the government can be held financially responsible for certain negligent acts. For example, you may have a claim if you were injured because:
- A government employee caused a car accident while performing their job.
- A government-owned vehicle or piece of equipment was negligently operated.
- A dangerous condition on government property caused a slip and fall.
- A government building or facility was not reasonably maintained.
- Negligent medical treatment was provided at a government-operated facility, where the applicable law permits a claim.
- A government employee’s negligent act caused another type of bodily injury covered by the applicable governmental liability law.
That does not automatically mean the government is liable. A personal injury claim generally requires evidence establishing the elements of negligence or premises liability applicable to the situation. There also may be additional requirements because the defendant is a government entity.
The key point is that governmental immunity does not necessarily prevent an injured person from recovering compensation. Instead, special laws determine when the government has consented to be sued, what types of claims are allowed, how much compensation may be available, and how quickly the injured person must act.
Filing claims against public authorities
Government injury claims can be more complicated than typical personal injury cases because you may have to satisfy special procedural requirements before you can file a lawsuit.
The rules depend heavily on whether your claim involves the federal government or a Texas governmental entity.
Federal government entities
The primary federal law governing many negligence claims against the United States is the Federal Tort Claims Act (FTCA).
The FTCA provides a limited waiver of the federal government’s immunity for certain claims involving personal injury, death, or property damage caused by the negligent or wrongful act or omission of a federal employee acting within the scope of employment.
This can cover situations such as certain injuries involving federal employees, medical care provided at federal facilities, and accidents or dangerous conditions involving federal property. The FTCA has important exceptions, however, so not every injury involving a federal employee or facility creates a claim.
Is it difficult to sue the federal government?
It can be more complicated than pursuing an ordinary personal injury claim because an injured person generally must take administrative steps before filing an FTCA lawsuit.
Can you sue the federal government for pain and suffering?
Potentially, yes. A qualifying FTCA claim can seek compensation for noneconomic damages, such as pain and suffering, to the extent recognized under the applicable state law.
State government entities
Texas has its own rules governing claims against the state and certain governmental units. The Texas Tort Claims Act provides a limited waiver of governmental immunity for specified circumstances.
For example, Texas law permits certain claims involving the condition or use of tangible personal or real property and certain injuries caused by the operation or use of motor vehicles or equipment, such as when:
- A government vehicle causes an accident.
- You fall on government property.
- You are injured by government equipment.
Whether a particular accident qualifies depends on the facts and the statutory requirements.
Important considerations for government injury claims
Notice and deadlines matter
One of the most important differences between a government claim and an ordinary personal injury case is the requirement to act quickly.
Under the Texas Tort Claims Act, a governmental unit generally is entitled to notice of a claim no later than six months after the incident. The notice must reasonably describe the injury or damage, the time and place of the incident, and the incident itself. The statute also recognizes an exception when the governmental unit already has actual notice of the injury or damage. There can also be additional notice requirements established by a municipality’s charter or ordinance.
Texas generally provides a two-year statute of limitations for personal injury lawsuits, but government claims can involve additional requirements that make it dangerous to simply assume the ordinary deadline applies. For that reason, someone injured on government property or by a government employee should consider speaking with an attorney as soon as possible.
Compensation may be limited
Even when a Texas governmental entity can be held liable, the amount of compensation may be capped. Under the Texas Tort Claims Act:
| Government entity | General compensation limits for bodily injury/death |
| State of Texas | Up to $250,000 per person and $500,000 per occurrence |
| Local governmental unit | Up to $100,000 per person and $300,000 per occurrence |
| Municipality | Up to $250,000 per person and $500,000 per occurrence |
These limits apply under the Texas Tort Claims Act, and the Act does not authorize exemplary damages. The specific limit that applies depends on the governmental entity involved and the nature of the claim.
Injured through government negligence? We may be able to help.
Being injured by a government employee or on government property can leave you with medical expenses, lost income, physical pain, and other losses. It can also create legal hurdles that do not exist in a typical personal injury case.
If you believe you have legitimate reasons to sue the government for your injury, you may have legal options, despite the laws specifying immunity. The circumstances of the accident, the identity of the government entity, the type of property or vehicle involved, and how quickly you take action can all affect your rights.
Guzman Law Firm represents injured people in Laredo and throughout Texas. If you were injured because of suspected governmental negligence, call Guzman Law Firm at (956) 516-7198 to discuss your circumstances and whether you may have a personal injury claim.
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