In some cases, government entities can be held liable for damages resulting from negligence. However, government tort claims are complex and subject to specific rules in Texas.
The rules for compensation, deadlines, and other matters related to the claim may differ from a typical personal injury claim.
Our Fort Worth government tort claims attorneys understand these strict rules. This blog reviews what you need to know about Texas government tort claims.
Can I Sue the Government for an Injury in Texas?
A tort is conduct that can harm or injure another person. The conduct may be intentional or negligent. If a party causes someone injury or harm, they could be responsible for the person’s economic and non-economic damages. In some situations, a party could be strictly liable for damages even though they did not intend to hurt someone and were not negligent.
Sovereign immunity protects the government from liability for negligence, meaning it cannot be sued without its consent. The Texas Tort Claims Act provides exceptions, allowing lawsuits against government entities under specific circumstances. In other words, you cannot sue the government for negligence unless it says you can.
The Texas Tort Claims Act waives sovereign immunity from some negligence claims. Therefore, you can sue city, county, state, and local government agencies for some types of accidents and injuries.
Examples of claims that can be filed under the Texas Tort Claims Act are:
- Personal injury or death caused by the use or condition of government property
- Injury, property damage, or death caused by a government employee’s motor vehicle operation
- Slips, trips, and falls on government property
- Accidents caused by government employees’ negligence
An experienced personal injury lawyer can explain if you have a viable claim.
How Do You Determine Liability for a Government Tort Claim?
Injured parties must prove the government is liable for their injuries to recover compensation for damages. Therefore, you need evidence proving the legal elements of negligence. Furthermore, some cases require that the government have actual knowledge of a hazard or danger on premises to be held liable for damages.
Because government tort claims follow different rules, hiring an experienced lawyer to handle your case is crucial. In addition to understanding the different requirements and rules, attorneys have the resources to fight a government entity.
The government has numerous advantages when fighting claims, so hiring a government tort claims lawyer to handle your case is essential to level the playing field.
What Damages Are Available for Government Tort Claims?
When suing the government under the Texas Tort Claims Act, you may seek compensation for both economic and non-economic damages.
Examples of the damage that you may receive for a government tort claim include:
- Pain and suffering damages
- Medical bills and expenses
- Out-of-pocket expenses
- Diminished quality of life and enjoyment of life
- Impairments and disabilities
- Emotional distress and mental anguish
- Lost wages, earning capacity, and employment benefits
- Disfigurements and disabilities
- Rehabilitative therapies
It is important to note two important differences between damages in a government tort claim and damages when suing a private party. First, punitive damages are not allowed in a government tort case. Furthermore, claims against emergency responders are limited. The responder must have been active with a conscious or reckless disregard for the safety of other people.
Another difference is the amount of compensation you can receive. Compensation is capped in government tort claims. The maximum compensation for state government tort claims is $250,000 per person and $500,000 per case. The maximum compensation for other government entities is $100,000 per person and $300,000 per incident.
Statute of Limitations for Texas Tort Claims
Texas has a two-year statute of limitations for most claims against the government. However, you must protect your right to sue the government in Texas by filing a notice of claim. If you do not file a notice of claim by the deadline, you could lose your right to pursue a government tort claim.
The time to file a notice of claim is very short. The Texas Tort Claims Act requires injured parties to file a notice of claim within 180 days of the injury or accident. However, some cities and counties have shorter notice periods.
The City of Houston requires that a victim file a notice of claim within 90 days. On the other hand, the City of Fort Worth has a 180-day deadline for the notice of claim.
The statute specifies what must be included in the notice of claim and how it must be filed. Local entities may have specific claim forms that must be used.
Generally, the information for a notice of claim includes:
- Date of the injury or accident
- Location of the accident or injury
- Identity of the injured parties
- Description of how your accident or injury occurred
- Description of the damage and injuries sustained
- Estimated amount of damages sustained
If you’ve been injured by a government entity, consulting with an attorney immediately is crucial to avoid missing deadlines and ensure your case is handled properly. However, it also helps when completing the forms to ensure you do not make errors that could hurt your case.
Contact Our Fort Worth Personal Injury Lawyers for a Free Consultation
Reach out to Anderson Injury Lawyers to schedule a free consultation with an experienced Fort Worth personal injury lawyer. You can contact us online or call (817) 294-1900. We help clients seek compensation for damages when a government agency or employee causes their injuries.