When Government Negligence Causes an Accident

Government Negligence

Even government employees can make mistakes. In the most unfortunate cases, government negligence can lead to serious accidents and even death. These accidents can result in overwhelming financial, emotional, and physical harm for you or your loved ones. Consulting with the right injury attorney can help you receive the maximum compensation you deserve that you can rebuild your life. 

The Legal Information Institute defines negligence as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct)

If the actions or inactions of employees of government agencies cause you or a loved one harm, you are entitled to file a personal injury claim. For example, if government employees neglect their legal responsibilities to oversee daycare centers, preschools, foster homes, schools, and parolees, those affected may pursue financial compensation from the government agency at fault. Those who suffer injuries on government property, including hospitals, schools, universities, parks, and buildings, are also eligible to file a personal injury claim against in order to receive financial compensation.

In most cases, the process of filing against a government agency includes finding the right claim form for the specific agency that caused you harm before proceeding to the courts. The process to submit your claim depends on the type of injury and damage, as well as by state. For example, if you want to sue the government in Washington state or file a personal injury claim against any of the state’s officers, employees, or volunteers who caused you harm through negligence of their responsibilities, you must file at the Office of Risk Management

Some states require you to file the claim within as little as six months of the accident. After the claim is filed, the government can decide to reject your claim, in which case, you have a limited amount of time to file a lawsuit in court.

If you are involved in an accident caused by the negligence of an agency operated by the federal government, it is your right to file a tort claim. The Federal Tort Claims Act (FTCA) was enacted in 1946 to protect citizens who suffer personal injury, death, or property loss or damage as a result of negligence by an employee of the federal government. 

While there are exceptions, this legislation makes it possible for the victims of negligence to receive financial compensation in situations where the United States government is liable for the accident in which the victim was harmed. This includes agencies such as the U.S. Department of Federal Affairs, the U.S. Environmental Protection Agency, and more. The tort claim must be filed with the appropriate agency. If your claim is denied, a lawsuit can then be filed at the applicable U.S. District Court.

Filing a claim includes gathering a detailed accusation, total sum of damages, and the signature of the claimant. While these policies protect citizens from government agency’s mistakes, filing both a claim and piecing together a court case can be difficult and confusing. It can be hard enough to calculate the monetary value of damages that resulted from the accident, as they can include past and future medical expense, lost wages, pain, anguish, emotional turbulence, and in the worst cases, loss of life. 

Coping in the aftermath of an accident and seeking out the right legal paperwork can be extremely overwhelming. Having the right injury lawyer can make the process of getting the justice and compensation you deserve much easier. 

While the government employees hard working Americans, they are still capable of making mistakes and causing accidents through negligence. It is your right as an American citizen to pursue payment for the damages caused by that negligence from the liable government agency.

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