If you have been in an accident with a government entity or employee, it
may be difficult to file a claim against them. The sovereign or governmental
tort immunity is a policy put in place to protect government agencies
and employees, allowing them to be protected from liability even if in
the same situation a normal individual would be held responsible. Governments
must give consent to be sued, which makes the process of filing a case
against them or an employee incredibly difficult. Difficult, but not impossible!
What Is the Federal Tort Claims Act (FTCA)?
In cases of
personal injury caused by a government employee, the federal government will provide limited
waivers of sovereign immunity. The Federal Tort Claims Act (FTCA) waives
the sovereign immunity and permits private parties to be sued for acts
committed by persons acting on behalf of the United States. Under the
FTCA, an individual can recover damages for failure to exercise legal
care of a federal employee acting in official capacity.
One of the most common exceptions to government immunity is when the government
is liable for an automobile accident. Typically these accidents occur
with emergency vehicles, such as a police car in a chase or an ambulance
rushing to the hospital. There are two requirements for filing a lawsuit
against a government entity or employee in the event of an accident.
The vehicle must be:
- Owned or leased by a government entity
- Operated by a public employee while performing their job
While proceedings occur, the federal government notifies state government
of the lawsuit and overlooks the filing of the lawsuit. After that, the
state will determine whether the government was responsible, making the
chances of your success slimmer. However, the help of an Atlanta car accident
attorney experienced in government lawsuits can be what you need to attain
What a Skilled Car Accident Attorney Can Do For You
Filing a lawsuit against a government entity or employee can be difficult,
but our Atlanta car accident lawyers at The Weinstein Firm, LLC have represented
numerous clients and helped them receive the compensation they deserved.
We have experience navigating these types of complicated cases and can
provide legal counsel every step of the way. If you have been injured
in a car accident due to a government vehicle, we can help you file a
Contact us at (404) 566-7009 or request a
free case evaluation.