Personal injury claims are complicated, but if you add the fact that a government employee is the party at-fault, the situation becomes even more complicated. Seeking compensation is not impossible for your injuries but knowing the right way to do it can make or break your case.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to says:
Sovereign Immunity
When a government employee is involved in an accident, the concept of “sovereign immunity” comes into play. Sovereign immunity protects governments, their agencies and their employees from liability. This liability includes car accidents occurring during governmental work.
The liability protects from personal liability as well as government liability. So, what does this mean? Does this mean you cannot pursue a claim at all?
Nothing is black and white, and the doctrine of sovereign immunity is by no means absolute. If an employee causes injury to you or your vehicle during the course of work as a governmental employee, you may still be able to seek compensation for your injuries.
Rules and Procedures
A federal law exists called the Federal Torts Claims Act, a law which waives the sovereign immunity of the federal government and allows injury claims to be filed based on acts of employees acting on behalf of the government. Every state has its own version of the FTCA which either mirrors the actual law or closely resembles it.
Under the FTCA, you normally have two years to file your administrative claim. That two years normally starts the day of your car accident. In your claim, you need to give plenty of facts to support your claim. This information needs to give enough background for the government to properly investigate your claim and determine damages.
A typical investigation will take six months. If they consider your complaint admitted, the government will compensate you for your damages. You may not get the amount you are asking for, but you will get some type of compensation. However, if your claims denied, you then have the option to pursue a legal claim and file suit.
Collecting from the Individual
The government employee should be covered should he or she be doing something within the line of his or her job. If the employee is operating within his or her official capacity, the accident would fall under the FTCA.
However, if the employee is not acting within his or her capacity and is acting recklessly while operating a government vehicle, you could potentially pursue the employee for liability. Further, if, for instance, the employee caused serious harm because he or she was drunk while operating a government vehicle, arguably, you could pursue the actual individual and not the governmental entity. It depends on the situation.
When it comes to collecting from an individual, you do run into the risk of that person not being able to pay damages. Should you pursue damages from the governmental entity, they may make you jump through hoops to get paid, but once your claim is approved, you will receive payment.
It is for this reason that many individuals prefer to choose the second option over the first. Speak with an attorney to determine which option is best for you.
Contact an Attorney Today
If you are the victim of an accident involving a government employee, you should speak with an attorney to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
