Can You File A Personal Injury Claim Against The Government?
Posted on: 4 August 2015
When you are involved in an accident and the government is at fault, recovering compensation might not be as easy as you think. The government has certain rules and protections that can make your case more difficult than it would be against a civilian. Before taking any actions, here is what you need to know about a claim against the government.
What Do You Need to Do Before Filing a Claim?
The first step with any personal injury case is to get medical treatment for your injuries. Your doctor's report regarding the severity of your injuries and the treatment you received is needed to file with your claim. You also need to collect other evidence, such as witness statements and statements from your employer detailing how much work you have missed. If you filed a police report, you need to obtain a copy of it.
Once you have this information, you need to determine which government agency is legally responsible for your injuries. Determining this can sometimes be complicated. For instance, if you slipped and fell on a sidewalk at the county courthouse, it is possible that the county might not necessarily be responsible for your injuries. The county could have a contract with the city or state to maintain the sidewalk, and that agency would be responsible. You can contact the agency you believe to be responsible to determine the right one.
After you find the agency, request the paperwork necessary to file the claim. Once you complete it, submit the evidence you have and the paperwork to start your claim. Once it is reviewed, a notice of approval or denial is sent to you.
What If Your Claim Is Denied?
In the event the agency denies your claim, you can attempt to negotiate a settlement. Negotiations do sometimes work, because it is an opportunity for the government to avoid going to court to settle a dispute.
If the agency is unwilling to negotiate or you are not satisfied with the settlement offer, you can file a lawsuit. You must include your denial letter from the government agency with your documentation for the lawsuit. A lawsuit against the government is only possible if you filed a claim first.
There are many other aspects to consider when trying to obtain compensation from the government for injuries. Work with an experienced personal injury attorney to improve your chances of winning your case.
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