If you are injured in a car accident and it wasn’t your fault, you may realize it will be a financial burden dealing with the effects of the injuries. The first thing you may do is consider filing a personal injury claim against the at-fault driver. Usually, this is the most appropriate action to take but if the person who caused your injury was a government employee, filing a personal injury claim is not quite so straightforward. States and cities make it difficult to sue a government employee on the basis of sovereign immunity. This protects them from private individuals who believe they were injured by an employee who works for the state. However, if you are persistent and you hire a personal injury attorney to work on your behalf, you may find you are entitled to some form of compensation.
City and State Laws Regarding Government Personal Injury Claims
If a private individual has been injured, you can file a lawsuit in the civil court but if your injury was caused by a government entity or agency, there are a set of rules that need to be followed before you can file a claim. Tort claims filed against the government are covered by the state statutes which say that the state government may allow payment in compensation for any property damage, death or injury caused by a state employee. Sovereign immunity doesn’t apply as it does in other states. The way to file a claim against a local, state or municipal government entity is that the injured individual must file a notice of the claim within 180 days of the occurrence of the injury. This notice needs to be provided in writing containing all the relevant facts such as:
- • place, time and circumstances;
- • names of the state workers known to be involved;
- • the compensation demanded.
Typically, the notice of claim will be reviewed and a decision will be made by the city or the state.
If the claim is refused, the state's statutes of limitations for the filing of lawsuits apply. This gives the claimant 6 years from the injury date to go to court and file a lawsuit for a personal injury claim.
Possible Car Accident Causes
If you have had a car accident the reasons for the accident could be any of the following:
- • a poorly maintained road surface that causes you to fall into a pothole causing you to lose control and crash;
- • you were involved in an accident with a government bus when the driver failed to indicate or ran a red light.
Causes of Car Accidents Involving Public Transit
The drivers are busy taking passengers to work, school and to go shopping. Every minute of their working day is taken up on the road. Sometimes, they lose concentration and either fail to stop at a stop sign or run a red light. Once this happens it’s too difficult to do anything and an accident happens which could cause serious injuries.
Use an Experienced Attorney if Considering Claiming
If you are considering making a claim for compensation against Metro Transit , the city of St Paul or another government entity, it’s not that simple. It’s so easy to make a mistake when trying to interpret the law on your own. It is better to talk to a personal injury attorney before starting the process of a claim as he or she will help you to navigate though the claim until you have won a settlement.
Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the City of Saint Paul or the state of Minnesota or any other party, you may not be entitled to any compensation.
