Blog Post

Sovereign Immunity and Personal Injury Claims Against Government Agencies

Chip Gaskill • Dec 05, 2019
Personal Injury Claims Against Government
In Metro Atlanta, there is an endless list of public buildings and places that are owned and managed by local and federal governments. These places include most parks, government buildings, and public schools. Many of us rarely think about the special rules that apply when a governmental entity has failed to maintain public property causing somebody to get hurt.  

What is Sovereign Immunity?

Governments are protected by sovereign immunity. According to USLegal.com, sovereign immunity can be defined as follows:

Generally, it is the doctrine that the sovereign or government cannot commit a legal wrong and is immune from civil suit or criminal prosecution. For a person individually to be immune to suit, they must be acting as an arm of the government. In many cases, the government has waived this immunity to allow for suits. Federal sovereign immunity is a defense to liability rather than a right to be free from trial.

In simple terms, the government makes the rules and can exempt itself from liability for its mistakes. 

Filing a Lawsuit Against A Governmental Agency

Filing a lawsuit against a governmental agency can be complicated and extremely involved. When the government chooses not to exempt itself from liability for its mistakes, it creates special procedural hurdles that must be followed before a lawsuit can be filed against the governmental agency. Usually, this means that an ante litem notice must be sent to the governmental agency providing them notice that a claim exists. The ante litem statute is a precondition to the filing of the lawsuit. The law may also limit the time period in which a claimant has to file suit against a governmental agency. 

Protecting Your Rights Against Government Agencies

Bringing personal injury claims against any type of government agency for their wrongdoing can be tricky and challenging, even for an experienced attorney. Fortunately, our team has the skills, resources, and focus to take on this type of case. Let our lawyers help you through the legal maze while seeking the justice you deserve. If you have been injured by the wrongdoing of a governmental agency, call or email York Gaskill for assistance. There are never any fees unless you win your case.
burden of proof

The Burden of Proof in a Civil Lawsuit

By York Gaskill • 18 Oct, 2023
Learn more about the burden of proof in civil lawsuits. In order to be successful in a civil lawsuit, the plaintiff needs to prove that the allegations are true and that the defendant is responsible for causing damages.
purpose of demand letter

The Purpose of a Demand Letter

By York Gaskill • 18 Oct, 2023
Learn more about what a demand letter is, its purpose, and its benefits. The team at York Gaskill are skilled at crafting effective demand letters for clients
reducing liability risks

How Small Businesses Can Reduce Premises Liability Risks

By York Gaskill • 18 Oct, 2023
For brick and mortar businesses, premises liability is normally always an area of serious concern. Minimizing risks helps to protect your business and your financial future. Here are 4 tips for reducing premises liability risks for small business owners.
reducing traffic violations

Reducing Your Risk of Traffic Violations

By York Gaskill • 10 Sep, 2021
One of the risks that drivers face every day is traffic violations. Fortunately, there are many things that drivers can do to help reduce their risk of receiving a traffic violation on the road. Here are 4 tips.
punitive damages - personal injury

What Are Punitive Damages?

By York Gaskill • 27 Jul, 2021
Learn more about punitive damages, why they are important, and how to fight for them.
personal injury consultation preparation

How to Prepare for a Personal Injury Consultation

By York Gaskill • 17 Mar, 2021
Preparing for a personal injury consultation may seem a bit intimidating. Here a few tips for preparing for a personal injury consultation to help the process flow smoothly.
covid lawsuit attorney

Senate Bill 359 & COVID-19 Business Liability

By York Gaskill • 02 Dec, 2020
The Georgia COVID-19 Pandemic Business Safety Act provides liability protection for ordinary negligence but does not protect gross negligence. Learn more about COVID-19 lawsuits and business liability.
business bankruptcy attorney

Business Bankruptcy Basics

By York Gaskill • 23 Oct, 2020
There are a few different options when it comes to business bankruptcy. It is imperative that you file the proper type of bankruptcy depending on your business' debt level, structure, and organization.
corporate lawyer

Tips for Starting a Business During COVID-19

By York Gaskill • 24 Jul, 2020
So what special considerations should start-ups take into account because of COVID-19? There are many factors that come into play because of the virus and the current business climate. It is important to carefully consider all of them. Here are a few tips for starting a business during the COVID-19 outbreak.
york gaskill is open

A Note To Our Clients and Potential Clients Regarding COVID-19

By York Gaskill • 24 Mar, 2020
Our firm remains open and fully committed to representing our clients through these challenging times. We are able to communicate with our clients and potential clients through remote video conferencing using services such as Zoom, and, of course, through phone calls or email.
More Posts
Share by: