Sovereign Immunity and Personal Injury Claims Against Government Agencies
Chip Gaskill • December 5, 2019
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.
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