You can sue the government for personal injury, but the legal process can be more complicated than suing a private person. You also have a shorter deadline to meet when filing a personal injury lawsuit against a government entity. According to O.C.G.A. § 36-33-5, you generally only have six months.
A personal injury lawyer can guide you through this process and handle your entire case while you rest and recover. They can explain the special procedures required to sue the government for personal injury, as well.
You Can Sue the Government for Negligence Within the Prescribed Deadline
If you are planning on suing the government for personal injury, you must begin working on your case immediately since the statute of limitations is extremely short. Six months does not leave a personal injury lawyer much time to investigate your accident and gather evidence of negligence.
Just as with other cases, if you miss this deadline, you run the risk of the court dismissing your case altogether. This means that you would lose your chance to seek compensation from a government agency.
The sooner you consult with a personal injury lawyer, the sooner they can begin working on your case and seeking damages.
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You Must Prove Negligence to Sue the Government for Personal Injury
Suing the government is more than filing your case and awaiting a judge’s decision; your case must illustrate how the government’s negligence led to your personal injury. So, imagine that you suffered injuries after you hit a pothole and lost control of your vehicle.
To secure financial compensation, your lawyer would build a case that shows:
- The government had a duty of care to keep public roadways safe for users. This involves maintaining traffic lights, filling potholes, and putting warning signs near hazardous areas.
- The government breached its duty of care, exposing road users to an unreasonable risk of injury. In this instance, the government breached its duty of care by failing to keep roadways in safe condition.
- You suffered injuries after hitting a pothole that the government should have filled.
- You have damages from the collision, including medical care costs, lost income, and physical pain and suffering.
When you entrust your case to a lawyer, they can file your Notice of Claim, prove your case’s required elements, and seek compensation for your losses.
Your Personal Injury Lawyer Needs Evidence of Negligence
Various forms of evidence can support a case against a government agency. Based on the details of your accident, your lawyer may gather:
- Traffic camera or security camera footage
- The police report/accident report
- Eyewitness testimony
- Expert witness testimony, such as accident reconstruction data
- Your medical records and your doctor’s prognosis
Some of these pieces of information can be difficult to obtain, such as camera footage, but our legal team has the resources to access such evidence.
Potential Compensation in a Formal Lawsuit Against the Government
Every personal injury case is unique, especially when it involves the government. Usually, your potential compensation will hinge on the extent of your injuries and how they affect your life.
For example, someone who suffered a permanent disability usually stands to recover more compensation than someone who suffered a mild condition. You will want to accurately account for all your accident-related losses so that you can seek fair compensation.
Your injuries may warrant financial recovery for both economic and non-economic damages, which may include:
- Current and ongoing medical expenses
- Pain and suffering
- Lost income and other job-related revenue, such as tips
- Reduced future earning capacity
- In-home aid and home modifications
- Property damage costs (if applicable)
- The cost of any out-of-pocket expenses
- Scarring and disfigurement
When you work with a personal injury attorney, they can gather evidence of your losses, such as your wage statements and your doctor’s testimony, to ensure you seek what you deserve.
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Your Lawyer Can Sue the Government Without Charging You Anything Upfront
After an accident, you deserve to focus on your physical recovery. Yet, you may be worried about affording legal representation. With mounting medical bills and lost income, you likely do not want to take on additional expenses. Many personal injury law firms work on contingency, meaning their payment is dependent on winning your case.
Unlike other law firms, contingency attorneys do not charge upfront fees or hourly retainers to start a case. They only take a percentage of your compensation if they are successful in securing a settlement or verdict.
Contingency-fee arrangements help accident victims seek justice and financial recovery without incurring additional losses. An added benefit is that when you work with a lawyer on a contingency-fee basis, you know they will do everything in their power to win your case.
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Kaine Law Can Sue the Government for Personal Injury
It may seem intimidating to bring a lawsuit against a government agency, but Kaine Law has your back. Our personal injury lawyers can navigate the unique process of holding the government accountable for your losses. We can also identify other liable parties and pursue compensation from them, as well.
Call us today for a free initial consultation.